Gujarat Police Act, 1951, India-legitquest

GUJARAT POLICE ACT, 1951

Preamble 1 - GUJARAT POLICE ACT, 1951

THE GUJARAT POLICE ACT, 1951[1]

[ACT, No. XXII of 1951][2]

[1st June 1951]

Preamble

An Act to consolidate and amend the law for the regulation of the Police Force in the State of Bombay

WHEREAS, it is expendient to amalgamate the District and Greater Bombay police Forces [and the Police Forces of the Saurashtra, Kutch and Hyderabad areas, and of the Vidarbha region of the State of Bombay] into one common Police Force and to introduce uniform methods regarding the working control of the said Force throughout the State; And whereas it is necessary to consolidate and amend the law relating to the regulation of the said Force and the exercise of powers and performance of functions by the State Government and by the members of the said Force for the maintenance of public order; And whereas it is necessary to provide for certain other purposes hereinafter appearing; It is hereby enacted as follows:--

Section 1 - Short, title, extent and commencement

(1) This Act may be called the [3][Gujarat] Police Act, 1951.

(2) [4] [It extends to the whole of the State of[5][Maharashtra].

(3) [6]It shall come into force [7][in the pre-Reorganisation State of Bombay] on such date as the State Government may, by notification in the Official Gazette[8][specify in this behalf, and in that part of the State to which it is extended by the Bombay Police (Extension and Amendment) Act, 1959, it shall come into force on such other date as the Government may by like notification specify].

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(1) "cattle" includes elephants, camels, horses, asses, mules sheep, goats and swine;

(2) "Corporation" means a Corporation constituted under 5 [9][* * * * *] the Bombay Provincial Municipal Corporations Act 1949 (Bombay LIX of 1949), [10][* * * * *]

(3) the expression "competent authority" when used with reference to the exercise of performance of any power, duty or function under the provisions of this Act, means?

(4) in relation to[11][any area] for which a Commissioner of Police is appointed under section 7, the Commissioner;

(5) in relation to the areas other than those referred to in clause (a) the District Magistrate or the District Superintendent or the Additional Superintendent when specially empowered in that behalf by the State Government;

(6) "constable" means a police officer of the lowest grade;

(7) 'District" means a territorial division constituting a district for the purposes of the Code of Criminal Procedure, 1898 (V of 1898), but does not include [12][any area for which a Commissioner of Police has been appointed under section 7]; [13][* * * * * * *]

(8) "Inspector-General" "Additional Inspector-General", "Commissioner" "Deputy Inspector-General", "Deputy Commissioner", "Assistant Commissioner" "District Superintendent", "Additional Superintendent", "Assistant Superintendent" and "Deputy Superintendent" means respectively the Inspector-General of Police, the Additional Inspector-General of Police, a Commissioner of Police including an additional Commissioner of Police, a Deputy Inspector-General of Police, a Deputy Commissioner of Police and Assistant Commissioner of Police, a District Superintendent of Police [14] [including a Superintendent of Police appointed under section 8A or 22A], an Additional Superintendent of Police, an Assistant Superintendent of Police and a Deputy Superintendent of Police appointed or deemed to be appointed under this Act;

(9) [15]["municipality" means a municipality or municipal borough established under any law for the time being in force in any part of the State, but does not include a municipal Corporation ;]

[16][* * * * * * * * *]

(10) "place" includes a building, a tent, a booth or other erection, whether permanent or temporary, or any area whether enclosed or open ;

(11) "place of public amusement" means any place where music, singing, dancing, or any diversion or game, or the means of carrying on the same, is provided and to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted and includes a race course, circus, theatre, music hall, billiard room, bagatelle room, gymnasium, fencing school, swimming pool or dancing hall ;

(12) "place of public entertainment" means any place to which the publicare admitted, and where any kind of food, or drink is supplied or consumption on the premises by any person owning or having an interest in or managing such place and includes a refreshment room, eating-house, coffee-house, liquor-house, boarding-house, lodging house, hotel, tavern or wine, beer, spirit arrack, toddy, ganja, bhang or opium shop [17][ or a shop where any kind of food or drink is supplied to the public for consumption in or near such shop] ;

(13) "Police officer" means any member of the Police Force appointed or deemed to be appointed under this Act, and includes a special or an additional Police officer appointed under section 21 or 22 ;

(14) "prescribed" means prescribed by rules ;

(15) "public place" includes the foreshore, the precincts of every public building or monument, and all places accessible to the public drawing water, washing or bathing or for the purpose of recreation ;

[18][ * * * * * *]

(16) street" includes any highway, bridge, way over a caraway, viaduct, arch quay or wharf or any road, lane, footway, square, court, alley or passage, accessible to the public, whether a thoroughfare or not ;"

(17) "Subordinate ranks" means members of the Police Force below the rank of the Inspector ;

(18) "vehicle" means any carriage, cart, van, dray, truck, hand cart or other, conveyance of any description and includes a bicycle, a tricycle, a rickshaw, an automatic car, a vessel or an aeroplane.

Section 3 - One Police Force for the whole of the State of Gujarat

3. One Police Force for the[19][whole of the[20][State of Gujarat]

There shall be one Police Force for the[21][whole of the[22][State of Gujarat]:

Provided that the members of the Police Forces constituted under my of the Acts mentioned in Schedule I, immediately before the coming into force of this Act[23][in the relevant part of the State] shall be demand to be the members of the said Police Force.

Section 4 - Superintendence of Police Force to vest in the State Governemnt

The superintendence of the Police Force throughout[24] [the State of Gujarat] vests in and is exercisable by the State Government and any control, direction or supervision exercisable by any officer over any member of the Police Force shall be exercisable subject to such superintendence.

Section 5 - Constitution of Police Force

Subject to the provisions of this Act --

(a) the Police Force shall consist of such number in the several ranks and have such organization and such powers, functions and duties as the State Government may by general or special order determine ;

(b) the recruitment, pay, allowances and all other conditions of service of the Police Force shall Le such as may from time to time be determined by the State Government by general or special order :

Provided that --

(c) [25][the rules and orders governing the recruitment, pay, allowances and other conditions of service of the members of the Police Force constituted under any of the Acts mentioned in Part I or II of Schedule I and deemed to be the members of the Police Force under section 3, shall continue in force until altered or cancelled under clause (b) ; but in the case of members of the Police Force;

constituted under any of the Acts mentioned in Part II of that Schedule such alteration or cancellation shall be subject to the proviso to sub-section (7) of section 115 of the States Reorganisation Act, 1956 (XXXVII of 1956).]

(d) nothing in this clause shall apply to the recruitment, pay, allowances and other conditions of service of the members of the Indian Police and Indian Police Service.

Section 6 - Inspector-General, Additional and Deputy Inspector-General

(1) For the direction and supervision of the 'Police Force, the State Government shall appoint an Inspector General of Police who shall exercise such powers and perform such functions and duties and shall have such responsibilities and such authority as may be provided by or under this Act or orders made by the StateGovernment.

(2) (a) The State Government may appoint an Additional Inspector General and one or more Deputy Inspector General of Police.

(b) The State Government may direct that any of the powers, functions, duties, and responsibilities and the authority of the Inspector General may be exercised, performed or discharged, as the case may be, by the Additional Inspector General or a Deputy InspectorGeneral.

(c) The State Government may also by a general or special order direct that the Additional Inspector General or Deputy Inspector General shall assist and aid the Inspector General in the performance, exercise and discharge of his powers, functions, duties, responsibilities and authority in such manner and to such extent as may be specified in the order.

Section 7 - Commisioner

(a) The State Government may appoint a Police officer to be the Commissioner of Police for[26] [any] area specified in a notification issued by the State Government in this behalf and published in the Official Gazette.

(b) The State Government may also appoint an Additional Commissioner of Police for the areas specified in clause (a).

(c) The Commissioner shall exercise such powers, perform such functions and duties and shall have such responsibilities and authority as are provided by or under this Act or as may otherwise be directed by the state Government by a general or special order :

Provided that the State Government may direct that any of the powers, functions, duties, responsibilities or authority exercisable or to be performed or discharged by the Commissioner shall be exercised, performed or discharged subject to the control of the Inspector General :

Provided further that the area for which a Commissioner has been appointed under this section shall not, unless otherwise provided by or under this Act, be under the charge of the District Magistrate or the District Superintendent for any of the purposes of this Act, notwithstanding the fact that such area forms part of a district within the territorial jurisdiction for which a District Magistrate or a District Superintendent may have been appointed.

Section 8 - Appointment of District, Additional, Assistant and Deputy superintendents

(1) The State Government may appoint for each District or for a part of a District or for one or more Districts a Superintendent and one or more Additional Assistant and Deputy Superintendents of Police, as it may think expedient.

(2) The State Government may by a general or special order, empower an Additional Superintendent to exercise and perform in the district for which he is appointed or in any part there of, all or any of the powers, functions or duties to be exercised or performed by a District Superintendent under this Act or under any law for the time being in force.

(3) The District Superintendent may, with the previous permission of the State Government, delegate any of the powers and functions[27] [conferred on him by or under this Act, except the powers to make, alter or rescinds rules or orders under section 33, to an Assistant or Deputy Superintendent.].

Section 8A - Appointment of Superintendents for wireless System and Motor Transport System or for any specific duty

[28] [8A. Appointment of Superintendents for wireless System and Motor Transport System or for any specific duty

The State Government may appoint for the [29][whole of the [30][State of Gujarat] or for any part thereof one or more Superintendent of Police as it may think fit--

(1) for the Police Wireless System ;

(2) for the Police Motor Transport System; or

(3) for the performance of such specific duties as the State Government may from time to time determine in this behalf and the Superintendent so appointed shall exercise such powers and perform such functions as the State Government may from time to tune assign to him :

Provided that such powers and functions shall be exercised or performed subject to the control of the Inspector General.]

Section 9 - Appointment of Principals of Police Training Schools

9.[31][Appointment of Principals of Police Training Schools

The State Government may appoint any Police Officer not below the rank of a District Superintendent to be the[32][Principal of [33][any] Police Training College or School] established by the State Government], and may assign to him such powers, functions and duties as it may think fit.

Section 10 - Deputies and Assistants to Commisioner

(1) The State Government may appoint one or more Deputy Commissioners and one or more Assistant Commissioners of Polices[34] [***] in any area in which a Commissioner has been appointed under clause (a) of section 7.

(2) Every such Deputy or Assistant Commissioner shall, under the orders of the Commissioner exercise and perform any of the powers, functions and duties of the Commissioner to be exercised or performed by him under the provisions of this Act or any other law for the time being in force in accordance with the general or special orders of the State Government made in this behalf :

Provided that the powers to be exercised by the commissioners[35][of making, altering or rescinding rules under section 33] shall not be exercisable by a Deputy or Assistant Commissioner.

Section 11 - Superintendents within Jurisdiction of Commissioners

11. [36][Superintendents within Jurisdiction of Commissioners

(1) The State Government may appoint [37][for any area for which a Commissioner of Police has been appointed under section 7] such number of Superintendents of Police as it may think expedient.

(2) A Superintendent appointed under sub-section (1) shall exercise such powers and perform such duties and functions as can be exercised or performed under the provisions of this Act or any other law for the time being in force or as are assigned to him by the Commissioner under the general or special orders of the State Government :

Provided that the powers to be exercised by the Commissioner [38][of making altering or rescinding rules under section 33] shall not be exercisable by the Superintendent.

Section 12 - Constitution of divisions and sections. Officers in charge of divisions and sections

(1) Subject to the control of the State Government, the Commissioner [39][for any area] shall, if he thinks fit?

(a) constitute [40][within the area under his charge], Police divisions,

(b) sub-divide the same into sections, and

(2) Each such division shall be in charge of a Superintendent of Police and each section shall be in charge of an Inspector of Police.

Section 12A - Inspectors

[41][12-A. Inspectors

In Subject to the general or special orders of the State Government the Commissioner for the area for which he is appointed and the Inspector-General for other areas shall appoint Inspectors.]

Section 13 - [Deleted]

[Inspector General and Commissioner to exercise the powers of First Class Magistrate and Presidency" Magistrate.] Deleted by Bombay XXI of 1954. Second Schedule.

Section 14 - Certificate of appointment

(1) Every Police Officer[42][* *] [43][of the grade of Inspector or below], shall on appointment receive a certificate in form provided in Schedule II. The certificate shall be issued under the seal of such officer as the State Government may by general or special order direct.

(2) A certificate of appointment shall become null and void whenever the person named therein ceases to belong to the Police Force or shall remain inoperative during the period within which such person is suspended from such force.

Section 15 - Effect of suspension of police Officer

The powers, functions and privileges vested in a police shall remain suspended whilst such Police officer is under suspension from office :

Provided that notwithstanding such suspension such person shall not cease to be a Police officer and shall continue to be subject to the control of the same authorities to which he would have, if he was not under suspension.

Section 16 - General powers of Commissioner and District Superintendent

The Commissioner, subject to the orders of the Inspector-General, and District Superintendent, subject to the orders of the Inspector-General and the District Magistrate, shall within their respective spheres of authority direct and regulate all matters of arms, drill, exercise, observation of persons and events mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfilment of their duties by the Police Force under him.

Section 17 - Control of District Magistrate over Police Force in district

(1) The District Superintendent and the Police Force of a district shall be under the control of the District Magistrate.

(2) In exercising such control the District Magistrate shall be governed by such rules and orders as the State Government may make in this behalf [44][*******].

Section 18 - Power of District Magistrate to require reports from District Superintendent

The District Magistrate may require from the District Superintendent reports, either particular or general, on any matter connected with the crimes, habitual offenders, the prevention of disorder, the regulation of assemblies and amusements, the distribution of the Police Force, the conduct and character of any Police officer subordinate to the District Superintendent, the utilization of auxiliary means and all other matters in furtherance of his control of the police Force and the maintenance of order.

Section 19 - Power of supervision by District Magistrate

If the District Magistrate observes any marked incompetence or unfitness for the locality or for his particular duties in any Police officer subordinate to the District Superintendent he may require the District Superintendent to Substitute another officer for any officer whom he has power to transfer and the District Superintendent shall to bound to comply with the requisition:

Provided that if the Police officer concerned is an officer[45] [of a grade higher than that of an Inspector] the District Magistrate may report his conduct to the Inspector General. The Inspector-General may, thereafter, determine the action to be taken and pass such orders as he thinks fit, and shall communicate such action or order to the District Magistrate.

Section 20 - Power of Inspector General and Commissioner to investigate and regulate matters of Police accounts

The Inspector-General, throughout the[46][State] and the Commissioner in the area for which he is appointed shall, subject to the orders of the State Government, have authority to investigate and regulate all matters of account connected with the Police in the[47][State] or in the area, as the case may be, and all persons concerned shall be bound to give him reasonable aid and facilities in conducting such investigations and to conform to his orders consequent thereto.

Section 21 - Special Police officers

(1) The Commissioner, the District Superintendent, or any Magistrate [48][****] specially empowered in this behalf by the State Government, may, at any time by a written order signed by himself and sealed with his own seal appoint any able-bodied male person between the ages of 18 and 50, whom he considers fit to be a special Police Officer to assist the Police Force on any occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance of the peace within the limits of his charge and he is of opinion that the ordinary Police Force is not sufficient for the protection of the inhabitants and for the security of property.

(2) Every special Police officer so appointed shall on appointment?

(a) receive a certificate in a form approved by the State Government in this behalf,

(b) have the same powers, privileges and immunities and be liable to the same duties and responsibilities and be subject to the same authorities as an ordinary Police officer.

Section 22 - Appointment of Additional Police

(1) Additional Police officers of such rank or grade for such time and on such pay as the authority specified by or under the provisions of this Act in that behalf may determine, may be employed or deputed for the purpose stated in such provisions.

(2) Every additional Police officer appointed shall on appointment?

(a) receive a certificate in a form approved by the State Government in this behalf,

(b) be vested with all or such of the powers, privileges and duties of a Police officer as are specially mentioned in the certificate, and

(3) The employment or deputation of such additional Police officer may be made at the request of any person requiring such Police and the cost of such employment shall be recovered in such manner as is provided by or under this Act or under any other law for the time being in force.

Section 22A - Appointment of Railway Police

[49][22-A.Appointment of Railway Police

(1) The State Government may, by notification in the Official Gazette create one or more special police district embracing and such railway areas in the State as it may specify, and appoint a Superintendent of Police and such other Police officers for each such special districts as it may think fit.

(2) Subject to the control of the Inspector General, such police officers shall discharge police functions connected with the administration of railways situated within their respective charges, and such other functions as the State Government may from time to time assign to them.

(3) Any member of the said Police Force whom the State Government shall generally or specially empower to act under this sub-section may, subject to any orders which that Government may make in this behalf, exercise within the special district or any part thereof any of the powers of an officer in charge of a police station in that district, and when so exercising such powers shall, subject to any such order as aforesaid, be deemed to be an officer in charge of the police station discharging the functions of such officer within the limits of his station.

(4) Subject to any general or special orders which the State Government may make in this behalf, such police officers shall, in the discharge of their functions, be vested within every part of the State with the powers and privileges and be subject to the liabilities of police officers under this Act or any other aw for the time beinginforce.].

Section 23 - Framing of rules for administration of the Police

Subject to the orders of the State Government the Commissioner in the case of the Police Force allocated to[50][***] areas for which he has been appointed and the Inspector-General in the case of the Police Force allocated to other areas may make rules or orders not inconsistent with this Act or with any other enactment for the time being in force--

(a) regulating the inspection of the Police Force by his subordinates ;

(b) determining the description and quantity of arms, accountrements, clothing and other necessaries to be furnished to the Police ;

(d) for institution, management and regulation of any Police fund for any purpose connected with police administration ;

(e) regulating, subject to the provisions of section 17, the distribution, movements and location of the Police ;

(f) assigning duties to Police officers of all ranks and grades, and prescribing-

(g) ?the manner in which, and

(h) the conditions subject to which, they shall exercise and perform their respective powers and duties ;

(i) regulating the collection and communication by the Police of intelligence and information ;

(j) generally, for the purpose of rendering the Police efficient and preventing abuse or neglect of their duties.

Section 24 - Inspector-General or Commissioner may call for returns

(1) The Inspector-General may, subject to the rules find orders of the State Government, call for such returns, reports and statements on subject connected with the suppression of crime, the maintenance of order and the performance of their duties as his subordinates may be able to furnish 1o him. The Inspector- General shall communicate to the District Magistrate [51][*****] any general orders issued by him for the purposes aforesaid or in consequence of the information furnished to him, and also any orders which the State Government may direct.

(2) The Commissioner may subject to as aforesaid with reference to the area under his charge call for such reports, returns and statements as are provided for in sub-section (1).

Section 25 - Punishment of the members of the subordinate ranks of the Police Force departmentally for neglect of duty etc.

(1) The State Government or any officer authorised by sub-section (2) in that behalf may suspend, reduce, dismiss or remove [52][ an Inspector or] any member of the subordinate ranks of the Police Force whom he shall think cruel, perverse, remiss or negligent in the discharge of his duty or unfit for the same, and may fine to an amount not exceeding one month's pay, any member of the subordinate ranks of the Police Force, who is guilty of any breach of discipline or misconduct or any act rendering him unfit for the discharge of his duty which does not require his suspension or dismissal.

(2) (a) The Inspector-General the Commissioner and the Deputy Inspector-General shall have authority to punish [53][an Inspector or] any member of the subordinate ranks under sub section (1). A District Superintendent shall have the like authority in respect of any Police officer subordinate to him below the grade of Inspector [54][ and may suspend an Inspector who is subordinate to him pending inquiry into a complaint against such Inspector and until an order of the Inspector-General or Deputy Inspector-General can be obtained.]

(b) The Principal of[55][ [56][a Police Training College or School]] shall also have the like authority in respect of any member of the subordinate ranks of the Police Force below the grade of Inspector [57][undergoing training at [58][such [59][college or school]] or] serving under him, and in respect of head constables and constables belonging to the Police Force of [60][the District in which such[61][College or school] is situate] or of any other district attached to [62][such [63][college or school]] for duty under him. [64][ He may also suspend an Inspector who is [65][undergoing training at [66] [such[67] [College or school]] or] subordinate to him pending inquiry into a complaint against such Inspector and until an order of the Inspector-General or Deputy Inspector-General can be obtained.]

[68][(bb) A Superintendent of Police appointed under section 8-A for the Police Wireless System or the Police Motor Transport Service or for performing any specific duties [69][or a Superintendent of Police appointed under section 22-A) shall have the like authority in respect of any Police officer subordinate to him be low the grade of Inspector.].

(c) The exercise of any power conferred by this sub-section shall be subject always to such rules and orders as may be made by the State Government in that behalf.

(3) Nothing in sub-sections (1) and (2) ?

(a) shall affect any Police officer's liability to a criminal prosecution for any offence with which he may be charged; or

(b) shall entitle any authority subordinate to that by which the Police officer was appointed to dismiss or remove him.

Section 26 - Procedure to be observed in awarding punishment

When any officer passes an order for fining, suspending, reducing, removing or dismissing a Police officer, he shall record such order or cause the same to be recorded, together with the reasons therefor and a note of the inquiry made in writing, under his signature:

Provided that[70][no order for reducing, removing or dismissing a Police officer] shall be passed without giving him a reasonable opportunity of showing cause against the action proposed to be taken against him except in cases referred to in the proviso (a) to clause (2) of Article 311 of the Constitution.

Section 27 - Appeals from orders of punishment

An appeal against any order passed against a Police officer under section 25 or the rules or orders thereunder shall be to the State Government itself or to such officer as the State Government may by general or special order specify.[71][Such appeal shall be filed within a period of sixty days from the date of the order appealed against.]

Section 27A - Revisional powers of State Government, Inspector General and Deputy Inspector General

[72][27A. Revisional powers of State Government, Inspector General and Deputy Inspector General

The State Government, the Inspector General or a Deputy Inspector General may, suo motu or on an application made to him within the prescribed period in this behalf, call for and examine the record of any inquiry or proceeding of any subordinate police officer under this Chapter, for the purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of any decision or order passed by, and as to the regularity of the proceeding of such officer, and may, at any time, --

(a) confirm, modify or reverse any such order,

(b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by such order,

(d) make such other order as, in the circumstances of the case, it or he may deem fit:

Provided that an order in revision imposing or enhancing penalty shall not be passed unless the police officer affected thereby has been given a reasonable opportunity of being heard:

Provided further that no order in revision shall be passed--

(e) in a case where an appeal against the decision or order passed in such inquiry or proceeding has been filed, when such appeal is pending;

(f) in a case where an appeal against such decision or order has not been filed, before the expiry of the period provided for filing such appeal; and

(g) in any case after the expiry of a period of three years from the date of the decision or order sought to be revised.]

Section 28 - Police Officers to be deemed to be always on duty and to be liable to employment in any part of the State

(1) Every Police officer not on leave or under suspension shall for all purposes of this Act be deemed to be always on duty, and any Police officer or any number or body of Police officers allocated for duty in one part of the State may, if the State Government or the Inspector-General so directs, at any time, be employed on Police duty in any other part of the State for so long as the services of the same may be there required.

Intimation of proposed transfers to be given by the Inspector General to the Commissioner and District Magistrate.

(2) Timely intimation shall, except in cases of extreme urgency, be given to[73] [*****] the District Magistrate by the Inspector General of any proposed transfer under this section, and except, where secrecy is necessary the reasons for the transfer shall be explained; whereupon the officers aforesaid and their subordinate shall give all reasonable furtherance to such transfer.

Section 29 - Under what conditions Police office may resign

(1) [74][No Police officer [75][of the grade of Inspector or] of the subordinate ranks shall resign his office or withdraw himself from the duties thereof except with the written permission of the Commissioner or the Deputy Inspector-General Criminal Investigation Department or of the Principal of [76][[77] [a Police Training College or School],] or of the District Superintendent or of some other Police officer empowered by the Inspector-General or the Commissioner to grant such permission:

Provided that subject to the provisions of sub-section (2), no such permission shall be granted to any such Police officer until he has fully discharged any debt due by him as such Police officer to Government or to any Police fund].

(2) If any such Police officer produces a certificate signed by the Police Surgeon or the Civil Surgeon declaring him to be unfit by reason of disease or mental or physical incapacity for further service in the Police, the necessary written permission to resign shall forthwith be granted to him on his discharging or giving satisfactory security for the payment of any debt due by him as such Police officer to Government or to any Police fund.

Arrear of pay of a Police officer contravening this section may be forfeited

(3) If any such Police officer as aforesaid resigns or withdraws himself from the duties of his officer in contravention of this section, he shall be liable on the order of the Commissioner, or the Deputy Inspector-General, Criminal Investigation department, or of the Principal of [78][[79][the Police Training College or school] or of the District Superintendent, as the case may be, to forfeit all arrears of pay then due to him. This forfeiture shall be in addition to the penalty to which the said officer is liable under section 145 of this Act or any other law in force.

Section 30 - Certificate, arms, etc., to be delivered up by person ceasing to be a police officer and

(1) Every person who for any reason ceases to be a Police officer shall forthwith deliver up to some officer empowered by the Commissioner or the Deputy Inspector-General, Criminal Investigation Department, or the Principal of[80] [[81][the Police Training College or School] or the District Superintendent to whom such Police officer is subordinate to receive the same, his certificate of appointment or of office and the arms, accoutrements, clothing and other necessaries which have been furnished to him for the performance of duties and functions connected with his office.

If not delivered up may be sized under a seasrch warrant.

(2) Any Magistrate and, for special reasons which shall be recorded in writing at the time, the Commissioner or the Deputy Inspector-General, Criminal Investigation Department, or the Principal of [82][the Police Training College or school]] or any District Superintendent, Assistant Superintendent, or Deputy Superintendent may issue a warrant to search for and seize, wherever they be found any, certificate, arms, accoutrement, clothing or other necessaries not so delivered up. Every warrant so issued shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898, by a Police officer or, if the Magistrate, the Commissioner, the Deputy Inspector General, Criminal Investigation Department, the Principal of [83][the Police Training College or School], the District Superintendent, the Assistant Superintendent or the Deputy Superintendent issuing the warrant so directs, by any other person.

Saving of certain articles.

(3) Nothing in this section shall be deemed to apply to any article which, under the orders of the Inspector-General, or the Commissioner, as the case may be, has become the property of the person to whom the same was furnished.

Section 31 - Occupation of and liability to vacate premises provided for Police officers

(1) Any Police officer occupying any premises provided by the State Government for his residence?

(a) shall occupy the same subject to such conditions and terms as may generally or in special cases, be specified by the State Government, and

(b) shall notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be a Police officer or whenever the State Government or any officer authorised by the State Government in this behalf thinks it necessary and expedient to require him to do so. (2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the State Government or the officer authorised in this behalf by the State Government may order such person to vacate the premises and may direct any Police officer with such assistance as may be necessary to enter upon the premises (SIC) remove therefrom any person found therein and to take possession of the premises and deliver the same to any persons specified in the direction.

Section 32 - State Government may make order undersection 144 of Act V of 1898

[84][32. State Government may make order undersection 14 of Act V of 1898

The State Government, whenever it shall seem necessary may by notification in the Official Gazette make an order to such effect as any order if made by a Magistrate under section 144 of the Code of Criminal Procedure, 1898 (V of 1898), could be continued in force by the State Government under the said Code.]

Section 33 - Power to make rules or regulation of traffic and for preservation of order in public place, etc.

(1) [85][The Commissioner, with respect to all or any of the following matters specified in this sub-section and the District Magistrate, with respect to all or any of the said matters except the matters referred to in sub-section (1AA), may make, alter or rescind rules or orders not inconsistent with this Act, in areas under their respective charges or any part thereof namely:--]

(a) licensing and controlling persons offering themselves for employment at quays, wharves and landing places, and outside Railway stations for the carriage of passengers baggages and fixing and providing for the enforcement of a scale of charges for the labour of such person so employed;

[86][(aa) licensing and controlling persons offering themselves for employment at hills, mountains or such other places for carrying pilgrims, tourists or other passengers and their baggages or goods on such hills, mountains or places and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed;]

(b) regulating traffic of all kinds in streets and public places, and the use of streets and public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or inconvenience to the public;

(c) regulating the conditions under which vehicles may remain standing in streets and public places, and the use of streets as halting places for vehicles or cattle;

(d) prescribing the number and position of lights to be used on vehicles in streets and the hours between which such lights shall be used;

[87][(da) licensing, controlling or prohibiting the display of any pictures, advertisements, news boards or public notices [88][in or in the vicinity of, a street or any public place or upon a vessel or boat in territorial waters or on inland waterways other than national waterways:]

[89][Provided that nothing in this clause shall apply to the display of any news board or public notice by or on behalf of a political party, a public institution or a panchayats or municipality or municipal corporation or other local authority constituted under any law for the time being in force;]

[90][(db) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held aloft over any land, building or structure at such height as (regard being had to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction or causing obstruction to such traffic) may be specified in the rule or order;]

(e) prescribing certain hours of the day during which cattle shall not be driven along the streets, or along certain specified streets, except subject to such regulations as he may prescribe in that behalf;

(f) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street;

(g) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwidly articles through the streets, and the route and hours for such conveyance;

(h) licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substance;

(i) prohibiting except along certain specified streets and during specified hours and subject to such regulations as he may prescribe in that behalf, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases and the carcasses of animals or part thereof and the corpses of persons deceased;

(j) prescribing certain hours of the day during which orders or Offensive matter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets except subject to such rules as he may make in that behalf;

(k) setting apart places for the slaughtering of animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature;

(l) in cases of existing or apprehended epidemic or infectious disease of men or animals, the cleanliness and disinfection of premises by the occupier thereof and residents therein and the segregation and management of the persons or, animals diseased or supposed to be diseased, as may have been directed or approved by the State Government, with a view to prevent the disease or to check the spreading thereof;

(m) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only the use of any source, supply or receptacle of water and providing against pollution of the same or of the water therein;

(n) licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger or damage of the resident or passengers in the vicinity prohibiting the playing of music, the beating of drums, tom-toms or the instruments and the blowing or sounding of horns or other noisy instruments in or near streets or public places;

(o) regulating the conduct of and behaviour or action of persons constituting assemblies and processions on or along the streets and prescribing in the case of processions, the routes by which the, order in which and the times at which the same may pass;

(p) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct traffic or the free access of light and air;

(q) prohibiting, except under such reasonable rules as he may make, the placing of building materials or other articles or the fastening or detention of any horse or other animals in any street or public place;

(r) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting?

(s) (i) the illumination of streets and public places and the exteriors of building abutting thereon by persons other than servants of Government or Municipal officers duly authorized in that behalf,

(ii) the blasting of rock or making excavations in or near streets or public places,

(iii) the using of a loudspeaker in [91][or near any public place or in any] place of public entertainment;

(t) closing certain streets or places temporarily in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable;

(u) guarding against injury to person and property in the construction, repair and demolition of buildings platforms and other structures from which danger may arise to passengers, neighbours or the public;

(v) prohibiting the setting fire to or burning any straw or other matter, or lighting a bonfire or watonly discharging a fire-arm or air-gun, or letting off or throwing a fire work or, sending up a fire balloon or rocket in or upon or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing there to lamps or other contrivances for illumination, except subject to such reasonable rules, as he may make in that behalf;

(w) regulating the hours during which and the manner in which any place for the disposal of the dead, any dharmashala, village-gate or other place of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto;

(x) (i) licensing or controlling places of public amusement or entertainment;

(ii) prohibiting the keeping of places of public amusement or entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity;

(iii) regulating the means of entrance find exit at places of public amusement or entertainment or assembly, and providing for the maintenance of public safety and the prevention of disturbance thereat;

[92][(wa)(i) licensing or controlling with such exceptions as may be specified the musical, dancing, mimetic or theatrical or other performances for public amusement, including melas and tamashas;

(ii) regulating in the interest of public order, decency or morality or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances;

(iii) prior scrutiny of such performance by a Board appointed by the State Government or by an Advisory Committee appointed by the Commissioner, or the District Magistrate in this behalf;

(iv) regulating the hours during which and the places at which such performances may be given;]

(y) ?regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement;

(z) prescribing the procedure in accordance with which any licence or permission sought to be obtained or required under this Act should be applied for and fixing the fees to be charged for any such licence or permission:

Provided that nothing in this section and no licence granted under any rule made thereunder shall authorise any person to import, export, transport, manufacture, sell or possess any liquor or intoxicating drug in respect of which a licence, permit, pass, or authorization is required under the Bombay Prohibition Act, 1949, [ Bombay 25 of 1949].

[93][* * * * * * *] or under any other law for the time being in force [94][relating to the Abkari or to the prohibition of the manufacture, sale and consumption of liquor] or shall affect the liability of any person under any such law or shall in any way affect the provisions of the Arms Act, 1878,[ XI of 1878] or of the Explosives Act, 1884,[IV of 1884], or of any rules made under either of those enactments, or the liability of any person thereunder:

Provided further that any action taken under the rules or orders made under this sub-section or the grant of a licence made under such rules or orders shall be subject to the control and supervision of the State Government.

[95][(1AA) A District Superintendent may, in areas under his charge or any part thereof, make, alter or rescind rules or orders not inconsistent with this Act, with respect to all or any of the matters specified in clauses (d), (db), (e) and (g) read with clause (y) of sub-section (1):

Provided that the rules and orders made by a District Magistrate under sub-section (1) for any of the matters specified in the said clauses and in force in any area immediately before the commencement of the Bombay Police (Gujarat Amendment) Act, 1977, shall continue in force therein as if made by the District Superintendent under this sub-section, until altered or repealed or amended by a competent authority.]

[96][(1A) The power to make rules or order under clauses (w), (wa) and (x) shall in the first instance have effect only in relation to the[97][State of Gujarat]; but the State Government may by notification in the Official Gazette provide that such power under any or all of those clauses, shall also have effect from such date as may be specified in the notification, in any other area of the State].

(2) (i) The power of making, altering or rescinding rules under clauses [98][(a), (aa), (b)] and (c) of sub-section (1) shall be subject to the control of the State Government,

(ii) the power of making, altering or rescinding rules under the remaining clauses of sub-section (1) shall be subject to the previous sanction of that Government.

(3) Every rule made under clause (i) of sub-section (1) with respect to the use of a place for the disposal of the dead shall be framed with due regard to ordinary and established usages and to the necessities of prompt disposal of the dead in individual cases.

(4) Every rule promulgated under the authority of clause (1) of sub-section (1) shall, if made in relation to [99][any area which is not under the charge of a commissioner] be forthwith [100][reported to [101][such authority as the State Govern may appoint in this behalf] and the State Government].

(5) If any rule or order made or promulgated under this section relates to any matter with respect to which there is a provision in any law, rule or by-law of any municipal or local authority in relation to the public health convenience or safety of the locality, such rule or order shall be subject to such law, rule or bylaw of the municipal or local authority, as the case may be.

(6) The power of making, altering or rescinding rules under this section shall be subject to the condition of the rules being made altered or rescinded after previous publication, and every rule made or alteration or rescission of a rule made under this section shall be published in the Official Gazette and in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by proclaiming the same by the beating of drum or by advertising the same in such local newspapers in English or in the local language, as the authority making, altering or rescinding the rule may deem fit or by any two or more of these means or by any other means it may think suitable:

Provided that any such rules may be made altered or rescinded without previous publication if[102][the Commissioner, the District Magistrate or as the case ma be, the District Superintendent], as the case may be, is satisfied that circumstances exist which renders it necessary that such rules or alterations therein or rescission thereof should be brought into force at once.

(7) Notwithstanding anything hereinbefore contained in this section or which may be contained in any rule made thereunder, it shall always be lawful for the competent authority to refuse a licence, for, or to prohibit the keeping of any place of public amusement or entertainment by a person of notoriously bad character.

(8) It shall be the duty of all persons concerned to conform to any order duly made as aforesaid so long as the same shall be in operation.

Section 34 - Competent authority may authority erection of barriers on streets

The Commissioner and the District Superintendent in areas under their respective charges may, whenever in his opinion such action is necessary, authorise such Police Officer as he thinks fit to erect barriers on any for the purpose of stopping temporarily vehicles driven or such street and satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver of or the person in charge of such vehicle. The said authority may also make such orders as it deems fit for regulating the use of such barriers.

Section 35 - Power to make rules prohibiting disposal of the dead except at places set apart

(1) A competent authority may, from time to time, make rules prohibiting the disposal of the dead, whether by cremation, burial or otherwise at places other than those set apart for such purpose:

Provided that no such rules shall be made in respect of any such town or place in which places have not been so set apart:

Provided further that the competent authority or any officer authorised by it in this behalf may, in its or his discretion on an application made to it or him by any person, grant to such person permission to dispose of the corpse of any deceased person at any place other than a place so set apart, if in its or his opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is not objectionable for any other reasons.

(2) Any rules made under sub-section (1) shall specify the places set apart for the disposal of the dead of different communities or sections of communities.

(3) All such rules shall be subject to the condition of previous publication and the date to be specified under clause (c) of section 24 of the Bombay General Clauses Act, 1904 (Bom. I of 1904) shall not be earlier than two months from the date on which the draft of the proposed rules is published.

Explanation.--For the purposes of this section, a place set apart for the disposal of the dead means a place set apart for such purpose under any custom, usage or law for the time being in force.

Section 36 - Power of Commissioner or the District Superintendent and of other officers to give direction to the public

In areas under their respective charges the Commissioner, and subject to his orders every Police officer not inferior in rank to an Inspector, and the District Superintendent and subject to his orders any Police Officer of not lower than such rank as may be specified by the State Government in that behalf, may, from time to time as occasion may arise, but not so as to contravene any rule or order under section 33 give all such orders either orally or in writing as may be necessary to--

(a) direct the conduct of, and behaviour or action of persons constituting processions or assemblies on or along the streets;

(b) prescribe the routes by which and the times at which any such processions may or may not pass;

(c) prevent obstructions on the occasion of all processions and assemblies and in the neighbourhood of all places of worship during the time of worship and in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed;

(d) keep order on and in all streets, quays, wharves, and at and within public bathing, washing and landing places, fairs, temples and all other places of public resort;

(e) regulate and control the playing of music or singing, or the beating of drums, tom-toms and other instruments and the blowing or sounding of horns or other noisy instruments, in or near any street or public place;

[103][(ea) regulate and control the use of loud-speakers in or near any public place or in any place of public entertainment;]

(f) make reasonable orders subordinate to and in furtherance of any order made by a competent authority under sections 33, 35, 37 to 40, 42, 43 and 45 of this Act.

Section 37 - Power to prohibit certain sets for prevention of disorder

The Commissioner and the District Magistrate in areas under their respective charges may, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety by a notification publicly promulgated or addressed to individuals, prohibit at any town, village or place or in the vicinity of any such town, village or place--

(a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis or any other article, which is capable of being used for causing physical violence,

(b) the carrying of any corrosive substance or of explosives,

(c) the carrying collection and preparation of stones or other missiles or instruments or means of a casting or impelling missiles,

[104][(cc) the carrying of burning or lighted torches in a procession,]

(d) the exhibition of persons or corpses of figures, or effigies thereof,

(e) the public utterance of cries, singing of songs, playing of music,

(f) delivery of harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other object or thing which may in the opinion of such authority offend against decency or morality or undermine the security of or tend to over-throw the State.

(g) If any person goes armed with any such article or carrier any[105] [corrosive substance, explosive, missile, instrument, means or burning or lighted torch] in contravention of such prohibition, he shall be liable to be disarmed or the[106][corrosive substance, explosive, missile, instrument, means or burning or lighted torch] shall be liable to be seized from him by any Police officer, and the article,[107] [corrosive substance, explosive, missile, instrument, means or burning or lighted torch] so seized shall be forefeited to the State Government.

(h) The authority empowered under sub-section (1) may also by order in writing prohibit any assembly or procession whenever and for sp long as it considers such prohibition to be necessary for the preservation of the public order:

Provided that no such prohibition shall remain in force for more than fifteen days without the sanction of the State Government.

(i) The authority empowered under sub-section (1) may also by public notice temporarily reserve for any public purpose any street or public place and prohibit persons from entering the area so reserved, except under such conditions as may be prescribed by such authority.

Section 38 - Power to prohibit etc. continuance of music, sound or noise

(1) If the Commissioner or District Superintendent is satisfied from the report of an officer in charge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any persons who dwell or occupy property in the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating?

(2) ?the incidence or continuance in or upon any premises of?

(3) any vocal or instrumental music,

(4) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of[108][producing or reproducing sound], or

(5) the carrying on, in or upon any premises of any trade, avocation, or operation resulting in or attended with noise.

(6) The authority empowered under sub-section (1) may, either on its own motion or on the Application of any person aggrieved by an order made under sub-section (1), either rescind, modify or alter any such order:

Provided that before any such application is disposed of, the said authority shall afford to the applicant an opportunity of appearing before it either in person or by pleader and showing cause against the order and shall, if it, rejects any such application either wholly or in part, record its reasons for such rejection.

Section 39 - Issue of orders for prevention of riot, etc.

(1) In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner and the District Superintendent, in areas under their respective charges, may temporarily close or take possession of any building or place, and may exclude all or any persons therefrom, or may allow access hereto to such persons only and on such terms as he shall deem expedient. All persons concerned shall be bound to conduct themselves in accordance with such orders as the authority making orders may make and notify in exercise of the authority hereby vested in it.

Compensation to lawful occupier of building or place closed or taken possession of.

(2) If the lawful occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-section (1) he shall be entitled, on application made the authority concerned within one month from the date of such action, to receive reasonable compensation for such loss or injury unless such action was in the opinion of such authority rendered necessary either by the use to which such building or place was put or intended to be put or by the misconduct of persons having access thereto.

Disputes as to compensation to be settled.

(3) In the event of any dispute in any case under sub-section (2) of the decision the [109][District Magistrate] shall be conclusive as to the amount (if any) to be paid, and as to the persons to whom it is to be paid.

Section 40 - Issue of orders for maintenance of order at religious ceremonials, etc.

(1) In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of or participation in which it shall appear to a competent authority that a dispute or contention exists which is likely to lead to grave disturbance of the peace, such authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances, regard being had to the apparent, legal rights and to any established practice of the parties and of the persons interested. Every such order shall be published in the town or place wherein it is to operate, and all persons concerned shall be bound to conform to the same.

(2) Any order under sub-section (1) shall be subject to a decree, injunction or order made by a Court having jurisdiction and, shall be recalled or altered on its being made to appear to the authority making the order that such order is inconsistent with a judgment, decree, injunction or order of such court, on the complaint, suit or an application of any person interested, as to the rights and duties of any persons affected by the order aforesaid.

Section 41 - Police to provide against disorder, etc. at places of amusement and public meetings

(1) For the purpose of preventing serious disorder or breach of the law or manifest and imminent danger to the persons assembled at any public place of amusement or at an assembly or meeting to which the public are invited of which is open to the public the senior Police Officer of highest rank or to that of constable, present at such place of amusement or such assembly or meeting may, subject to such, rules and orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to and for securing the peaceful and lawful conduct of the proceeding and the maintenance of the public safety at such place of amusement for such assembly or meeting, as he thinks necessary and all persons shall be bound to conform every such reasonable direction.

Police to have free access thereteo

(2) The Police shall have free to access to every such place of amusement, assembly or meeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction made thereunder.

Section 42 - [Deleted]

[Discontinuance of brothels.] Deleted by Gujarat 16 of 1978, Section 10.

Section 43 - Districts Magistrate may take special measures to prevent out-break of epidemic disease at fair, etc.

(1) Whenever it shall appear to the Commissioner or District Magistrate that any place in the areas under their respective charges, at which on account of a pilgrimage fair or other such Occurrence large bodies of persons have assembled or are likely to assemble is visited or will probably be visited with an out break of any epidemic disease, ho may take such special measures and may by public notice prescribe such regulations to be observed by the residents of the said place and by persons present thereat or repairing thereto or returning therefrom as he shall deem necessary to prevent the outbreak of such disease or the pread thereof.

(2) It shall be lawful for the District Magistrate or for the Collector[110][***] on the requisition of the Commissioner or the District Magistrate to assess and levy such reasonable fees on persons falling under the provisions of sub-section (1) as will provide for the expenses of the arrangements for sanitation and the preservation of order at and about the place of assemblage.

(3) When the place of assemblage is within the limits of a municipality or corporation such sums as shall be necessary for the purposes aforesaid may be recovered from the municipality or corporation.

Section 44 - Destruction of stray dogs

(1) The Commissioner and the District Superintendent in areas under their respective charges, may from time to time, by public notice, proclaim that any stray dogs found, during such 'period as may be specified in the said notice, wandering in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly.

(2) The authority empowered under sub-section (1) may by public notice require that every dog, while in any street or public place and not led by some person, shall be muzzled in ouch a manner as effectually to prevent it from biting, while not obstructing its breathing or drinking and the Police may, so long as such notice remains if force, destroy or take possession of and detain any dog found loose without muzzle in any street or place beyond the premises of the owner thereof:

Provided that any dog so found, wearing a collar on which an apparently genuine name and address of an owner is inscribed, shall not, unless it is rebid be forthwith destroyed, but information of the detention thereof shall forthwith be sent by post or otherwise to such owner.

(3) Any dog which has been detained under sub-section (2) for a period of three clear days without the owner providing a muzzle and paying all expenses connected with such detention may be destroyed or sold with the sanction and under the orders of the competent authority.

(4) The proceeds of the sale of any dog under sub-section (3) shall be applied as far as may be, in discharge of the expenses incurred in connection with its detention, and the balance, if any shall form part of the consolidated fund of the State.

(5) Any expenses incurred in connection with the destruction or detention of any dog under this section shall subject to the provision of sub-section (4), be recoverable from the owner thereof upon a warrant issued by the competent authority as if it were a warrant under section 386 of the Code of Criminal Procedure, 1898, ( V of 1898).

Section 45 - Destruction of sufferring or unfit animals

(1) Any Police officer who in any street or public place other than a place of worship finds any animal other than a bull or a cow so diseased or so severely injured, and in such a physical condition that in his opinion it cannot without cruelty be removed shall if the owner is absent or refuses to consent to the destruction of the animal, at once summon the Veterinary Practitioner in charge of the area in which the animal is found and if the Veterinary Practitioner certifies that the animal is mortally injured or so severely injured or so diseased or in such a physical condition, that it is cruel to keep it alive the Police Officer may without the consent of the owner destroy the animal or cause it to be destroyed:

Provided that if in the opinion of the Veterinary Practitioner the animal can be removed from the place where it is found without causing it great suffering, and, if the owner or person in charge of the animal or in their absence any other person on the spot is willing and offers to remove the animal to a Veterinary Hospital or Panjarapole within such time as the Veterinary Practitioner considers reasonable, the Veterinary Practitioner shall allow the animal to be removed by such owner, person in charge of the animal or other person. If the owner or person incharge of the animal or such other person is unwilling or fails so to remove the animals, the Veterinary Practitioner may direct the Police officer to remove the animal before it is destroyed from the place where it is found to such other place as he may think fit:

Provided further that when the animal is destroyed in any street or public place it shall, as for as possible be screened from the public gaze while it is being destroyed.

(2) The State Government may appoint such persons as it thinks fit to be Veterinary Practitioners and may declare the areas of which they shall be in charge for the purposes of this Act.

Section 46 - Power under this chapter to be exercised by District Superintendent subject to the control of District Magistrate and Commissioner and by District Magistrates subject to the control of State Government

Every power conferred by this Chapter on a District Superintendent not specially empowered by the State Government to exercise that power or on any officer subordinate to him shall be exercised by him subject to the orders of the District Magistrate and all rules, regulations and orders made under this Chapter shall, if made by the Commissioner, be governed by such rules and orders as the State Government may from time to time make in this behalf and, if made by the District Magistrate or the District Superintendent specially empowered in that behalf, shall be subject to the provisions of section 17.

Section 47 - Employment of additional Police an application of a person

(1) The Commissioner or District Superintendent may, on the application of any person, depute any additional number of Police to keep the peace to preserve order or to enforce any of the provisions of this or any other Act in respect of any particular class or classes of offences or to perform any other Police duties at any place in the area under his charge.

(2) Such additional Police shall be employed at the cost of the person making the application, but shall be subject to the orders of the Police authorities and shall be employed for such period as the appointing authority thinks fit.

(3) If the person upon whose application such additional Police are employed shall at any time make a written requisition to the appointing authority to which the application for the employment of additional Police was made for the withdrawal of the said Police, he shall be relieved from the cost thereof at the expiration of such period not exceeding one-month from the date of the delivery of such requisition, as the State Government or the appointing authority, as the case may be, shall determine.

Section 48 - Employment of additional Police at large works and when apprehension regarding behaviour of employees exists

(1) Whenever it appears to the State Government or a competent authority that?

(a) any large work which is being carried on or any public amusement which is being conducted is likely to impede the traffic or to attract a large number of people, or

(b) that the behaviour or a reasonable apprehension of the behaviour of the persons employed on any railway, canal or other public work or in or upon any manufactory or other commercial concern under construction or in operation at any place necessitates the employment of additional Police at such place, the State Government or the competent authority may depute such additional Police to the said place as it shall think fit and keep the said Police employed at such place for so long as such necessity shall appear to it to continue.

(2) Such additional Police shall be employed at the cost of the person by whom the work, amusement, manufactory or concern is being constructed, conducted or carried on and the said person shall pay the costs therefor at such rates as the State Government or the competent authority, as the case may be, shall from time to time require.

Section 49 - Recovery of cost of additional Police Employed under sections 47 and 48

In case of any dispute under section 47 or 48 the decision of[111][*** * ***] the District Magistrate,[112] [**] shall be conclusive as to the amount to be paid and as to the person by whom it is to be paid and the sum, so ascertained may, on the requisition of[113][***] the District Magistrate, be recovered by the Collector as if it were an arrear of land revenue due by the person found to be answerable therefor.

Section 50 - Employment of additional Police in cases of special danger to public peace

(1) If in the opinion of the State Government any area is in a disturbed or dangerous condition or in which the conduct of the inhabitants or of any particular section of the inhabitants renders it expedient temporarily to employ additional Police, it may by notification in the Official Gazette specify?

(a) the area (hereinafter called "the disturbance area") in which the additional Police is to be employed.

(b) the period for which the additional Police is to be employed:

Provided that the period fixed under clause (b) may be extended by the State Government from time to time, if in its opinion it is necessary to do so in the general interest of the public. The cost of the additional Police shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub-section.

(2) The decision of the State Government under clauses (a) and (b) of subsection (1) shall be final.

(3) On the issue of such notification, the State Government may require, --

(a) in any disturbance area which is within the limits of a Corporation the Municipal Commissioner, the Collector or any other authority.

(b) in any disturbance area which is within the limits of a municipality the municipality, the Collector or any other authority,

(c) in any disturbance area which is outside the areas specified in clauses (a) and (b), the Collector or any other authority,to recover, whether in whole or in part, the cost of such additional Police generally from all persons who are inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons and in such proportion as the State Government may direct:

Provided that where the Municipal Commissioner or the Municipality is directed to recover such cost, an additional sum not exceeding 3 per cent. of the amount of such cost, shall also be recoverable.

(4) (i) The State Government may require the Municipal Commissioner or the Municipality to recover such cost and the additional sum by an addition to the general or property tax which shall be imposed and levied in all or such of the municipal wards, sub-wards or sections thereof, as the State Government may direct. Every addition to the general or property tax imposed under this sub-section shall be recovered by the Municipal Commissioner or the Municipality from each person liable therefor in the same manner as the general or property tax due from him. The provisions of the relevant Municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the said Act. Such addition shall be a charge along with the general or property tax, on the properties in such municipal wards or sub-wards or sections.

(ii) The State Government may also require the Municipal Commissioner or the Municipality to recover such cost and the additional sum from each person liable therefore under sub-section (3) in such manner as the State Government may direct.

(iii) Where the Municipal Commissioner or a Municipality makes default in imposing and levying any such tax or in making such recovery, the State Government may direct the Collector to impose and levy such tax or to make such recovery.

(5) Every amount recoverable by the Collector or other authority under this section shall be recoverable as if it were an arrear of land revenue due by the person liable therefor.

(6) It shall be lawful for the State Government by order to exempt any person from liability to bear any portion of the cost of such additional Police.

(7) Out of the total amount recovered by the Municipal Commissioner or by a Municipality under sub-section (4) or (5) whether before or after the coming into operation of this Act the amount of the cost shall be paid to the State Government and the balance, if any, shall be credited to the municipal fund constituted under the relevant Municipal Act. Such amount of cost shall be paid to the State Government every three months.

Explanation.--In this section the expression of "inhabitants" when used with reference to any area includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area notwithstanding that they do not actually reside therein.

Section 51 - Compensation for injury caused by unlawful assembly, how recoverable. Date to be fixed for liability

(1) When any loss or damage is caused to any property or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the State Government may, by notification in the Official Gazette, specify ?

(a) the area, (hereinafter called "the disturbance area" ), in which in its opinion such unlawful assembly was held;

(b) the date on which or the period during which such unlawful assembly was held.

(2) The decision of the State Government under clauses (a) and (b) of sub-section (1) shall be final.

(3) On the issue of a notification under sub-section (1), [114][********] and the District Magistrate,[115] [****][116][with the previous sanction of the[117][State Government] may, after such inquiry as he deems necessary, determine the amount of the compensation which, in his opinion, should be paid to any person or persons, in respect of the loss or damage or death or grievous hurt aforesaid. The amount of compensation shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub-sections.

(4) [118][ The District Magistrate ] may require ?

(a) in any disturbance area which is within the limits of a Corporation, the Municipal Commissioner, the Collector or any other authority;

(b) in any disturbance area which is within the limits of a municipality, the municipality, the Collector or any other authority, and

(c) in any disturbance area which is outside the area specified in clauses (a) and (b) the Collector or any (other authority,to recover the amount (hereinafter called "the compensation amount") as determined under sub-section (3) either in whole or in part and where the Municipal Commissioner or the Municipality is required to recover such amount an additional sum not exceeding three per cent. of the compensation amount (hereinafter referred to as "the Municipal recovery cost"), generally from all persons who were inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons in the said area, and in such proportion as [119][***] the District Magistrate may direct.

(5) (i)[120][ The District Magistrate], may require the Municipal Commissioner or the Municipality concerned to recover the compensation amount and the municipal recovery cost, by an addition to the general or property tax which shall be imposed and levied in the disturbance area. Every addition to the general or property tax imposed under this sub-section shall be recovered by the Municipal Commissioner or the Municipality concerned from each person liable therefor in the same manner as the general or property tax due from him. The provisions of the relevant Municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the relevant Municipal Act. Such addition shall be a charge along with the general or property tax on the properties in the area aforesaid.

(ii)[121][The District Magistrate] may also require the Municipal Commissioner or the Municipality concerned to recover the compensation amount and the municipal recovery cost from each person liable therefor under sub-section (4) in such manner as he may direct. (6) Where a Municipal Commissioner or a Municipality makes a default in imposing and levying any such tax or in making any such recovery, the State Government may direct the Collector to impose and levy such tax or to make such recovery.

(6) Every amount recoverable by the Collector or other authority under this section shall be recoverable as if it were an arrear of land revenue due by the person liable therefor.

(7) Out of the total amount recovered by the Municipal Commissioner or by a Municipality under sub-section (5) or (7), whether before or after the coming into operation of this Act, the proportionate amount of the municipal recovery cost shall be deducted therefrom and the amount not exceeding the compensation amount determined by[122][the District Magistrate] under sub-section (3) shall be paid to him for the payment of compensation to the persons entitled thereto and the balance, if any, shall be credited to the Municipal fund constituted under the relevant Municipal Act. Such amount shall be paid to[123][the District Magistrate] every three months.

(8) It shall be lawful for [124][the District Magistrate] by order, to exempt any persons from liability to pay any portion of the compensation amount.

(9) The State Government may, (a) on its own motion, or (b) on an application made by a person within a period of thirty days from the date of the order of[125][the District Magistrate] granting or refusing to grant an exemption thereunder, set aside or modify such order.

Explanation.--In this section the expression "inhabitants" when used with reference to any disturbance area includes persons who themselves or by their agents or servants occupy or hold land or other immoveable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area, notwithstanding that they do not actually reside therein.

Section 52 - Chief Presidency Magistrate or District Magistrate to award or apportion compensation

52.[126][ ***] District Magistrate to award or apportion compensation

(1) It shall be lawful for[127][the District Magistrate][128][with the previous sanction of the[129][State Government]] to award or apportion all or any moneys recovered as compensation amount under sub-sections (SIC) to (8) of section 51 to any person or among all or any persons whom he considers entitled to compensation in respect of the loss or damage or death or grievous hurt aforesaid.

(2) No compensation shall be awarded under this section except upon a claim made within 45 days from the date of the notification issued by the State Government under sub-section (1) of section 51 and unless[130][the District Magistrate], is satisfied that the person claiming compensation or where such claim is made in respect of the death of any person, that that person also has himself been free, from blame, in connection with the occurrences which led to the loss, damage, death or grievous hurt as aforesaid.

(3) The compensation payable to any person under section 51 in respect of death or grievous hurt shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than the person entitled to it by operation of law, nor shall any claim, be set off against the same.

(4) Every direction and order made by[131][the District Magistrate] under this or the preceding section shall be subject to revision by the State Government but save as aforesaid, shall be final.

(5) No civil suit shall be maintainable in respect of any loss or injury for which compensation has been granted under this section.

Section 53 - Chief Presidency Magistrate or District Magistrate to discharge functions under order of State Government

53.[132][ ****] District Magistrate to discharge functions under order of State Government

The District Magistrate shall discharge his functions under sections 51 and 52 subject to any general or special orders of the State Government in this behalf.

Section 54 - Proportionate recovery of the cost of additional Police and compensation for loss caused by unlawful assembly

54. Proportionate recovery of the cost of additional Police and compensation for loss caused by unlawful assembly

(1) Notwithstanding anything contained in the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947,(Bombay LVII of 1947),[133] [or any law corresponding thereto in force in any area of the[134][State of Gujarat], where under the provisions of section 50 or 51 the Municipal Commissioner, the Municipality or the Collector, as the case may be, is required to recover the cost of the additional police including the additional sum referred to in sub-section (3) of section 50 (hereinafter called "the additional cost") or the compensation amount and the municipal recovery cost (hereinafter called "the riot tax") by an addition to the general or property tax, the landlord from whom any portion of the additional cost or the riot tax is recovered, in respect of any premises shall be entitled to recover 75 per cent. of such portion from the tenant in the occupation of the premises during the period fixed under sub-section (1) of section 50 or on the date or during the greater part of the period specified under clause (b) of sub-section (1) of section 51, as the case may be, in the manner specified in sub-section (2).

(2) The amount referred to in sub-section (1) and to be recovered from a tenant referred to therein, shall bear the same proportion as the rent payable by him in respect of the premises in his occupation bears to the total amount of rent recoverable for the whole premises if let, and the same shall be recoverable from the tenant in not less than four equal instalments.

[135][*******]

Section 55 - Dispersal of gangs and bodies of persons

Whenever it shall appear in [136][***] areas in which a Commissioner is appointed under section 7 to the Commissioner and in a district to the District Magistrate, the Sub-Divisional Magistrate or the District Superintendent specially empowered by the State Government in that behalf, that the movement or encampment of any gang or body of persons in the area in his charge is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body or by members thereof, such officer may, by notification addressed to the persons appearing to be the leaders or chief men of such gang or body and published by beat of drum or otherwise as such officer thinks fit, direct the members of such gang or body so to conduct themselves as shall seem necessary in order to prevent violence and alarm, or disperse and each of them to remove himself outside the area within the local limits of his jurisdiction [137][or such area and any district or districts, or any part thereof, contiguous thereto] within such time as such officer shall prescribe, and not to enter the area [138][or the area and such contiguous district, or part thereof, as the case may be,] or return to the place from which each of them was directed to remove himself.

Section 56 - Removal of persons about to commit offence

Whenever it shall appear in[139][***] areas for which a Commissioner has been appointed under section 7 to the Commissioner and in other area or areas to which State Government may, by notification in the Official Gazette extend the provisions of this section, to the District Magistrate, or the Sub-Divisional Magistrate[140][**] empowered by the State Government in that behalf (a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property, or (b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII of the Indian Penal Code, (XLV OF 1860), or in the abetment o any such offence, and when in the opinion of such officer witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regard the safety of their person or property, or (c) that an outbreak of epidemic disease is likely to result from the continued residence of an immigrant, the said officer may, by an order in writing duly served on him or by beat of drum or otherwise as he thinks fit, direct such person or immigrant so to conduct himself as shall seem necessary in order to prevent violence and alarm or the outbreak or spread of such disease or to remove himself outside the area within the local limits of his jurisdiction[141][or such area and any district or districts, or any part thereof, contiguous thereto] by such route and within such time as the said officer may prescribe and not to enter or return to the said area[142][or the area and such contiguous districts, or part thereof as the case may be,] from which he was directed to remove himself.

Section 57 - Removal of persons convicted of certain offences

If a person, has been convicted--

(a) of an offence under Chapter XII, XVI or XVII of the Indian Penal Code, (XLV of 1860) or

(b) [143][twice, of an offence?

(c) (i) under section 9 of the Bombay Beggars Act, 1945, (Bombay XXIII of 1945), or under the Bombay Prevention of Prostitution Act 1923, (Bombay XI of 1923), or the Saurashtra Prevention of Prostitution Act, 1952, (Sau. VIII of 1952), the Hyderabad Suppression of Immoral Traffic Act, 1952, (Hyd. XLIX of 1952), the Madhya Pradesh Suppression of Immoral Traffic Act, 1953, (M.P. III of 1953), or the Suppression or Immoral Traffic in Women and Girls Act, 1956, (CIV of 1956), or

(ii) within a period of three years, under section 65 or 68 of the Bombay Prohibition Act, 1949, (Bombay XXV of 194)], [144][*****] or

(d) thrice, of an offence within a period of three years, under any of the provisions of the [145][Bombay Prohibition Act, 1949, (Bombay XXV of 1949)] or under section 4 or 12A of the Bombay Prevention of Gambling Act, 1887, (Bombay IV of 188)], or under section 4 or 12A of that Act as in force in the Saurashtra area or the Kutch area of the [146][State of Bombay],or under section 4 of the Gambling Act, or section 3 of the Public Gambling Act, 1867, (Hyd. II of 1305F III of 1867), as in force in the Vidarbha region of the State of Bombay.] the Commissioner, the District Magistrate or the Sub-Divisional Magistrate [147][*] empowered by the State Government in this behalf, if he has reason to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted, may direct such person to remove himself outside the area within the local limits of his jurisdiction [148][or such area and any district or districts, or any part thereof, contiguous thereto] by such route and within such, time as the said, officer may prescribe and not to enter or return to the area [149][or the area and such contiguous districts or part thereof, as the case may be] from which he was directed to remove himself

Explanation. -- For the purpose of this section "an offence similar to that for which a person was convicted" shall mean --

(a) in the case of a person convicted of an offence mentioned in clause (a), an offence falling under any of the Chapters of the Indian Penal Code, [XLV of 1860], mentioned in that clause, and

(b) in the case of a person convicted of an offence mentioned in clauses (b) and (c), an offence falling under the provisions of the Acts mentioned respectively in the said clauses.

Section 58 - Period of operation of orders under sections 55, 56, and 57

A direction made under section 55, 56 or 57 not to enter any particular area[150][or such area and any district or districts, or any part thereof, continuous thereto, as the case may be,] shall be for such period as may be specified therein and shall in no case exceed a period of two years from the date on which it was made.

Section 59 - Hearing to be given before order under sections 55, 56, or 57 is passed

(1) Before an order under section 55, 56 or 57 is passed against any person the officer acting under any of the said sections or any officer above the rank of an Inspector authorised by that officer shall inform the person in writing of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them. If such person makes an application for the examination of any witness produced by him, the authority or officer concerned shall grant such application; and examine such witness, unless for reasons to be recorded in writing, the authority or officer is if opinion that such application is made for the purpose of vexation or delay. Any written statement put in by such person shall be filed with the record of the case. Such person shall be entitled to appear before the officer proceeding under this section by an advocate or attorney for the purpose of tendering his explanation and examining the witnesses produced by him.

(2) The authority or officer proceeding under sub-section (1) may, for the purpose of securing the attendance of any person against whom any order is proposed to be made under section 55, 56, or 57, require such person to appear before him and to pass a security bond with or without sureties for such attendance during the inquiry. If the person fails to pass the security bond as required or fails to appear before the officer or authority during the inquiry, it shall be lawful to the officer or authority to proceed with the inquiry and thereupon such order as was proposed to be passed against him may be passed.

Section 60 - Appeal

(1) [151][ Any person aggrieved by an order made under section 55, 56 or 67 may appeal to the State Government within thirty days from the date of such order.

(2) [152][An appeal under this section shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by that order or a certified copy thereof.

(3) On receipt of such appeal, the State Government may, after giving a reasonable opportunity to the appellant to be heard either personally or by a pleader, advocate or attorney and after such further inquiry, if any, as it may deem necessary, confirm, vary or cancel or set aside the order appealed against, and make its order accordingly:

Provided that the order appealed against shall remain in force pending the disposal of the appeal unless the State Government other wise directs.

(4) In calculating the period of thirty days provided for an appeal under this section, the time taken for granting a certified copy of the order appealed against, shall be excluded.]

Section 61 - Finality of order passed by State Government in certain cases

Any order passed under sections 55, 56 or 57 or by the State Government under section 60 shall not be called in question in any Court except on the ground that the authority making the order or any officer authorised by it had not followed the procedure laid down in sub-section (1) of section 59 or that there was no material before the authority concerned upon which it could have based its order or on the ground that the said authority was not of opinion that witnesses were unwilling to come forward to give evidence in public against the person in respect of whom an order was made under section 56.

Section 62 - Procedure or failure of person to leave the area and his entry therein after removal

(1) [153][ If a person to whom a direction has been issued under section 55, 56 or 57 to remove himself from an area?

(2) (i) fails to remove himself as directed, or

(ii) having so removed himself, except with the permission in writing of the authority making the order[154][as provided in sub-section (2)], enters the area within the period specified in the order,the authority concerned may cause him to be arrested and removed in police custody to such place outside the area as the said authority may in each case prescribe.

(3) [155][The authority making an order under section 55, 56, or 57 may in writing permit any person in respect of whom such order has been made to enter or return to the area, including any contiguous districts or part thereof, from which he was directed to remove himself, for such temporary period and subject to such conditions as may be specified in such permission and may require him to enter into a bond with or without surety for the due observance of the conditions imposed. The authority aforesaid may at any time revoke any such permission. Any person who with such permission enters or returns to such area shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to enter or return, or on the earlier revocation of such permission, shall remove himself outside such area, or the area and any contiguous districts or part thereof, and shall not enter therein or return thereto within the unexpired residue of the period specified in the original order made under sections 55, 56, or 57 without a fresh permission. If such person fails to observe any of the conditions imposed, or to remove himself accordingly, or having so removed himself enters or returns to the area, or the area and any contiguous districts or part thereof, without fresh permission, the authority concerned may cause him to be arrested and removed in police custody to such place outside the area as that authority may in each case prescribe.].

Section 63 - Temporary permission to enter or return to the area from which a person was directed to remove himself

(1) The State Government[156][or any officer[157][*] empowered by the State Government in that behalf] may, by order, permit any person in respect of whom an order has been made under sections 55, 56, or 57 to enter or return for a temporary period to[158][the area or such area and any contiguous districts or part thereof, as the case may be, from which he was directed to remove himself subject to such conditions as it[159][or he] may by general or special order specify and which such person accepts and may, at any time, revoke any such permission.

(2) In permitting a person under sub-section (1) to enter or return to[160][the area or such area and any contiguous districts or part thereof, as the case may be,] from which he was directed to remove himself, the State Government[161][or such officer] may require him to enter into bound with or without surety for the observance of the conditions imposed.

(3) Any person permitted under sub-section (1) to enter or return to[162][the area or such area and contiguous districts or part thereof; as the case may be,] from which he was directed to remove himself shall surrender himself at the time and place and to the authority specified in the order or in the order revoking the said order, as the case may be.

Section 63AA - Powers of externment of State Government and officers specially emopowered

[163][63AA. Powers of externment of State Government and officers specially emopowered.

(1) [164][The State Government may, in like circumstances and in like manner, exercise the powers exercisable in any area for which a Commissioner is appointed, by the Commissioner, and in a district by the District Magistrate, Sub-Divisional Magistrate or District Superintendent of Police empowered by the State Government, in this behalf, as the case may be, under sections 55, 56 and 57, with this modification that it shall be lawful for the State Government to direct the members of such gang or body, or persons or immigrants, or persons convicted, as the case may be, to remove themselves from, and not to enter or return to, any local area, or any such area and any districts or part thereof, whether contiguous thereto or not.

(1A) The State Government may, by an order, specially empower any officer in that behalf to exercise its powers under sub-section (1) in relation to such of the sections 55, 56 and 57 as may be specified in such order.]

(2) The provisions of sections 58, 59, 60, 61, 62 and 63 shall mutatis mutandis apply to the exercise of any powers under this section, as they apply to the exercise of any powers under sections 55, 56 or 57.]

Section 63A - Control of camps, parades, etc. and banning use of uniform etc.

[165][III. Cantrol of camps, etc., and uniforms.

(1) If the State Government is satisfied that it is necessary in the interest of the maintenance of public order so to do, it may by general or special order, prohibit or restrict throughout the[166][State of Gujarat] or any part thereof all meetings and assemblies of persons for the purpose of training or drilling themselves or being trained or drilled to the use of arms, or for the purpose of practising military exercises, movements or evolutions, or for the purpose aforesaid of attending or holding or taking any part in any camp, parade or procession.

(2) If the State Government is satisfied, that the wearing in public by any member of the body or association or organisation to be specified in the order to be issued hereunder of any dress or article of apparel resembling any uniform or part of uniform required to be worn by a member of the Armed Forces of the Union or by a member of the Police Force or of any force constituted under any law for the time being in force, would be likely to prejudice the security of the State or the maintenance of public order, the State Government may, by general or special order, prohibit or restrict the wearing or display in public, of any such dress or article of apparel by any member of such body or association or organisation.

(3) Every general or special order under sub-sections (1) and (2) shall be published in the manner proscribed for the publication of a public notice under section 163.

Explanation.--For the purposes of sub-section (2) is dress or an article of apparel shall be deemed to be worn or displayed in public, if it is worn or displayed in any place to which the public have access.]

Section 63B - Constitution of village defence parties

[167][IV. Village Defence Parties.

(1) For the protection of persons, the security of property and the public safety in villages, the District Superintendent may constitute voluntary bodies, hereinafter in this section called, ''village defence parties", for any villages within his jurisdiction, as he deems fit.

(2) Subject to any general or special orders which the State Government may make in this behalf, every person between the ages of 20 and 50 and residing in a village and who in the opinion of the District Superintendent is a fit and proper person having regard to the nature of duties and functions to be performed under the provisions of this section shall be eligible for appointment as a member of the village defence party constituted for his village.

(3) The District Superintendent may by a written order signed by himself, and sealed with his own seal, appoint any person eligible under sub-section (2) to be a member of a village defence party.

(4) For each village defence party the District Superintendent shall appoint a person eligible under sub-section (2) to be an honorary commandant, called the Kotwal.

(5) For the direction and supervision of village defence parties in a taluka, the District Superintendent may appoint a police officer, not below the rank of Head Constable, to be a Taluka Village Defence Officer, and any person who is willing to serve and in the opinion of the District Superintendent is fit, to be a joint Taluka Village Defence Officer.

(6) For the direction and supervision of village defence parties in a district, the District Superintendent may appoint a police officer, not below the rank of sub-Inspector to be a District Village Defence Officer, and any person who is willing to serve and in the opinion of the District Superintendent is fit, to be a Joint District Village Defence Officer.

(7) Members of village defence parties and officers, appointed under the section shall be under the direction and control of the District Superintendent and shall receive such training, and discharge such duties, as may be determined by the District Superintendent.

(8) Members of village defence parties and officers (other than police officers) appointed under this section, shall be subject to such terms and, conditions of service as may be determined, with the previous approval of the State Government by the District Superintendent.

(9) The District Superintendent or any officers appointed under this section may at any time call out officers subordinate to them or any member of a village defence party for training or to discharge the duties assigned to them.

(10) Every member of a village defence party and every officer appointed under this section shall?

(a) on appointment receive a certificate in a form approved by the State Government in this behalf;

(b) when called out for duty have the same powers privileges and protection as a police officer appointed under this Act.

(11) Notwithstanding anything contained in any law for the time being in force a member of a village defence party or any officer (other than a police officer) appointed under this section, shall not be disqualified from being chosen as, or for being, a member of?

(a) [168][the Gujarat Legislative Assembly, or ]

(b) any local authority,by reason only of the fact that he is a member of a village defence party or such officer.]

(12) [169]In such districts as the State Government may by notification in the Official Gazette specify, the powers, duties and functions of the District Superintendent, District Village Defence Officer and Taluka Village Defence Officer under this section shall be exercised, performed and discharged by such officers of the Home Guards as the Commandant General appointed under the Bombay Home Guards Act, 1947, [Bom III of 1947], may direct, and thereupon all the foregoing provisions of this section shall apply but references therein to the District Superintendent, District Village Defence Officer and Taluka Village Defence Officer shall be deemed to be references to the relevant officers of the Home Guards.]

Section 64 - Duties of Police officer

It shall be the duty of every Policeofficer

(a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superior:

(b) to the best of his ability to obtain intelligence concerning the commission of congnizable offences or designs to commit such offences, and to lay such information and to take such other steps, consistant with law and with the orders of his superiors as shall be best calculated to bring offenders to justice or to prevent the commission of cognizable and within his view of non-cognizable offences;

(d) to apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason;

(e) to aid another Police officer when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided;

(f) to discharge such duties as are imposed upon him by any law for the time being in force.

Section 65 - Power to enter places of public resort

(1) Every Police officer may, subject to the rules and orders made by the State Government or by a person lawfully authorised, enter for any of the purposes referred to in section 64 without a warrant, and inspect any place of public resort which he has reason to believe is used as drinking shop or a shop for the sale of intoxicating drugs or a place of resort of loose and disorderly characters.

Power to search suspected persons in a street

(2) When in a street or a place of public resort a person has possession or apparent possession of any article which a Police officer in good faith suspects to be stolen property, such Police officer may search for and examine the same and may require an account thereof, and should the account given by the possessor be manifestly false or suspicious, may detain such article and report the facts to a Magistrate, who shall thereon proceed according to sections 523 and 525 of the Code of Criminal Procedure, 1898, (V of 1898), or other law in force.

Section 66 - Duties of Police officers towards the public

It shall be the duty of every Police Officer--

(a) to afford every assistance within his power to disabled or helpless persons in the streets, and to take charge of intoxicated persons and of lunatics at large who appear dangerous or incapable of taking care of themselves;

(b) to take prompt measures to procure necessary help for any person under arrest or in custody, who is wounded or sick and whilst guarding or conducting any such person, to have due regard to his condition;

(c) to arrange for the proper sustenance and shelter of every person who is under arrest or in custody; (d) in conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance;

(d) in dealing with women and children to act with strict regard to decency and with reasonable gentleness;

(e) to use his best endeavours to prevent any loss or damage by fire;

(f) to use his best endeavours to avert any accident or danger to the public.

Section 67 - Police to regulate traffic etc. in streets

It shall be the duty of a Police Officer-

(a) to regulate and control the traffic in the streets, to prevent obstructions therein and to the best of his ability, to prevent the infraction of any rule or order made under this Act or any other law in force for observance by the public in or near the streets;

(b) to keep order in the streets and at and within public bathing, washing and landing places, fairs, temples, and all other places of public resort and in the neighbourhood of places of public worship during the time of public worship;

(c) to regulate resort to public bathing, washing and lauding places, to prevent overcrowdig thereat and in public ferry-- boats and to the best of his ability, to prevent the infraction of any rule or order lawfully made for observance by the public any such place or on any such boat.

Section 68 - Persons bound to confirm to reasonable orders of police

All persons shall be bounded to conform to the reasonable directions a Police officer given in fulfilment of any of his duties under this Act,

Section 69 - Power of Police officer to restrain, remove, etc.

A police officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 68 and may either take such person before a Magistrate or, in trivial cases, may release him when the occasion is past.

Section 70 - Enforcement of orders issued under section 37, 38 or 39

Whenever a notification has been duly issued under section 37 or an order has been under section 38 or 39, it shall be lawful for any Magistrate in a District or Police officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending. Such Magistrate or Police officer of such notification, or order as aforesaid, and the thing seized shall be disposed of taccording to the order of any District Magistrate having jurisdiction at the place.

Section 71 - Duty of Police to see orders issued under section 43, 55, 56 57 or 63AA are carried out

71. Duty of Police to see orders issued under section 43, 55, 56[170][57 or 63AA] are carried out

It shall be the duty of the Police to see that ever regulation and direction made by any authority under sections 43, 55, 56,[171](57 or 63AA) is duly obeyed, to warn persons who from ignorance fail to obey the same and to arrest any person who wilfully disobeys the same.

Section 72 - When Police officer may arrest without warrant

Any Police officer may, without any order from a Magistrate and without a warrant, arrest--

(1) any person who has been concerned in an offence punishable under section 121 or against whom a resoanable complaint has been made or credible information has been received or a reasonable suspicion exists, of his having been concerned in such offence;

(2) any person who contravences a rule or order under clause (x) of sub-section (1) of section 33 or an order or notification under section 36, 37, 56[172](57 or 63AA);

[173][2A) any persons who contravenes any order made under sub-section (1) of section 63A;

(3) any person who commits an offence punishable under section 122 or section 136.

Section 73 - When Police may arrest without a warrent

Any Police officer may, without an order from a Magistrate and without a warrant, arrest any person committing in his presence any offence punishable under section 3, 3A, 4, 5, 6 or 6C of the Prevention of Cruelty to Animals Act, 1890 (XI of 1890 Hyd. I of 1313F),[174] [or of that Act as in force in the Saurashtra area of the[175] [State of Gujarat ]

[176][* * * * * * *]

Section 73A - Extension of section 6B of Act XI of 1890 as inforce in pre-Reorganisation State to rest of the State for the purposes of section 74 to 77

[177][73A. Extension of section 6b of Act XI of 1890 as inforce in pre-Reorganisation State to rest of the State for the purposes of section 74 to 77

Section 6B of the Prevention of Cruelty to Animals Act, 1890, (XI of 1890), as in force in the[178][Bombay area of the State of Gujarat] (hereinafter in this section and in section 74, 75 and 77 referred to as the said Act) is, for the purposes of sections 74 to 77 (both inclusive), hereby extended to, and shall be in force in, the remaining areas of the[179][State of Gujarat] he and in consequence thereof, any provisions corresponding thereto or dealing with the like matter, in force in any such areas of the State shall be deemed to have been substituted by the aforesaid provisions of the said Act.]

Section 74 - Powers with regard to offences under Act XI of 1890 and corresponding laws

74. Powers with regard to offences under Act XI of 1890[180][and corresponding laws]

When in respect of an animal an offence under section 3 or section 5 or[181][**] section 6 of the Prevention of Cruelty to Animals Act, 1890, (XI of 1890),[182][or under section 3 or 5 or 6 of that Act as inforce in the Saurashtra area of the [State of Gujarat][183][******] has been committed, or, when there is a reasonable ground for suspecting that such, offence has been committed, a Police officer may--

(a) take the animal to a Magistrate, or

(b) if the accused person so requires, take the animal to aveterinary officer, if any, empowered by the State Government in this behalf, or

(c) take the animal to an infirmary appointed under[184][sub-section (1) of section 6B] of the said Act for treatment and detention therein, pending direction of a Magistrate under[185][ sub-sections (2) and (3) of the said section, or

(d) when the animal is in such a physical condition that it cannot be taken to a veterinary office or a Magistrate, draw up a report of the condition of the animal in the presence of two or more respectable persons describing such wounds, sores, fractures, bruises or other marks of injury as may be found on the body of the animal:

Provided that in cases falling under clause (b) or (d) the Police officer may direct that the animal shall be sent for detention in a dispensary or or any suitable place approved by the State Government by general or special order and be there detained until its production before a Magistrate;

Provided further that an animal so detained shall be produced before a Magistrate with the least possible delay and within a period not exceeding three days from the date on which it was sent for detention and shall be handed over to its owner unless the Magistrate passes an order for its further detention in an infirmary.

Section 75 - Power of Magistrate to return animal to person from whose possession it was taken

When an animal is brought before a Magistrate under section 74, the Magistrate may direct the animal to be returned to the person from whose possession it was taken, on such person giving security to the satisfaction of the Magistrate, binding himself to produce the animal when required, or may direct that the animal shall be sent for treatment and care to an infirmary and be there detained as provided in[186][sub-section (2) and (3) of section 6B] of the said Act or may make such order as he thinks fit regarding the disposal or custody and production of the animal.

Section 76 - Veterinary officer to examine the animal

The veterinary officer before whom an animal is brought under section 74 shall with all convenient speed examine the same and draw up a report of such examination. A copy of the report shall be delivered free of charge to the accused person if he applies for it.

Section 77 - Animal to be dealt with under Act XI of 1890

When under section 74 a Police officer directs that an animal shall be sent for detention in a dispensary or any suitable place before its production before a Magistrate or under section 74 a Magistrate directs that an animal shall be sent for treatment and care to an infirmary and be detained therein, the provisions of sub-sections[187][(5), (6) and (7) of section 6B] of the said Act shall, so far as may be, apply.

Section 78 - Power of Police Officer to unsaddle the animal or unload

When a Police officer in good faith suspects that any animal being employed in any work or labour is, by reason any sore, unfit to be so employed, he may require the person in charge of such animal to unsaddle or unload if for the purpose of ascertaining whether any sore exists, and, if any person refuses to do so, may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.

Section 79 - Power of Police to arrest without warrant when certain offences committed in his presence

[188][79. Power of Police to arrest without warrant when certain offences committed in his presence

Any Police officer may, without an order from a Magistrate and without a warrant arrest any person committing in his presence any offence punishable under section 117, or section 125 or section 130 or sub-clause (i), (iv) or (v) of section 131 or clause (i) of section 135 in respect of contravention of any order made under section 39 or 40],

Section 80 - Other Power of arrest

(1) Any Police officer specially empowered in this behalf by a competent authority may arrest without warrant for an offence specified in section 110.

(2) Any Police officer may, on the information of any person in possession or charge of any dwelling house, private premises, or land or ground attached thereto, arrest without warrant any person alleged to have committed therein or thereon an offence punishable under section 120.

Section 81 - Refusal to obey warning or to accompany Police

A Police officer may arrest without warrant any person committing in his presence in any street or public place any non-cognizable offence punishable under this Act, or under any rule thereunder and for which no express provision has been made else were or under any other law for the time being in force, if such person--

(a) after being warned by a Police officer persists in committing such offence, or

(b) refuses to accompany the Police officer to a Police Station on being required so to do.

Section 82 - Police to take charge of unclaimed Property

(1) The Police shall take temporary charge?

(2) of all unclaimed property found by, or made over to them, and also

(3) of all property found lying in any public street, if the owner or person in charge of such property on being directed to remove the same, refuses or omits to do so.

(4) [189][In any area for which a Commissioner has been appointed] the property of which the Police have taken charge under sub-section (1) shall be handed over to the Commissioner.

Section 83 - Intestate property over four hundred rupees in value

(1) [190][In any area under the charge of a Commissioner] if any property of the nature referred to in section 82 appears to have been left by a person who has died intestate, and not to be under four hundred rupees in value, the Commissioner shall communicate with the Administrator-General, with a view to it, being dealt with under the provisions of the Administrator General's Act, 1913,(II of 1913), or other law for the time being in force.

(2) [191][In areas outside the charge of a Commissioner] the property shall be delivered to the police-patel, if any, of the town or village in which the same was found, and a receipt therefor taken from the police-patel, who shall forward such property to the Magistrate to whom such police-patel is subordinate. If in any such case there be no police-patel of such town or village, the Police shall forthwith report to such Magistrate as the Magistrate of the district shall, from time to time, appoint in this behalf, and act thereafter as the said first mentioned Magistrate shall direct.

Section 84 - Intestate Property over four hundred rupees in value

If the property regarding which, a report is made to a Magistrate under section 83 or under section 19 of the Bombay Village Police Act, 1867,(Bombay VIII of 1867),[192][or of that Act as in force in the Kutch area of the[193][State of Gujarat], or under section 21 of the Saurashtra Village Police Ordinance, 1949], (Sau. Ord. XXX II of 194), appears to such Magistrate to have been left by a person who has died, intestate and without known heirs and to be likely if sold in public auction to realise more than four hundred rupees net proceeds, he shall communicate with the District Judge with a view to its being dealt with under the provisions of section 10 of Bombay Regulation VIII of 1827 (a Regulation to provide for the formal recognition of heirs etc.) or other law in force.

Section 85 - Procedure in other case

(1) In any case not covered by section 83 or 84 the Commissioner or the Magistrate concerned, as the case may be, shall issue a proclamation specifying the articles of which such property consists and requiring any person who may have a claim thereto[194] [to appear before himself or some other officer whom he appoints in this behalf within three months from the date of such proclamation and establish his claim within a period not exceeding three months after such appearance:

Provided that the Commissioner, the Magistrate or the concerned Officer, may, in any appropriate case, for reasons to be recorded in writing, extend the said period of three months for establishment of the claim by such further period and subject to such conditions as he may deem fit. ]

Power to sell perishable property at once

(2) If the property, or any part thereof, is subject to speedy and natural decay, or consists of live-stock, or if the property appears to be of less value than[195][fifty rupees], it may be forthwith sold by auction under the orders of the Commissioner or the Magistrate concerned, as the case may be and the net proceeds of such sale, shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property.

Section 86 - Delivery of property to person entitled

(1) The Commissioner or the Magistrate concerned as the case may be, shall, on being satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under subsection (1) of section 85, order the same to be delivered to him, after deduction or payment of the expenses properly incurred by the Police in the seizure and detention thereof.

Power to take security

(2) The Commissioner or the Magistrate concerned, as the case may be, at his. discretion, before making any order under sub-section (1), take such security as he may think proper from the person to whom the said property is to be delivered and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of the same from the person to whom it may have been delivered pursuant to such order.

Section 87 - In default of claim property to be at disposal of State Government

If no person[196][appears within the period specified in the proclamation under sub-section (1) of section 85 and establishes his claim to the property within the period specified in the said sub-section (1)] it shall be at the disposal of the State Government, and property, or such, part thereof as has not already been sold under sub-section (2) of section 85, may be sold by auction under the orders of the Commissioner, or the Magistrate concerned, as the case may be.

Section 88 - Procedure not affected by Indian Succession Act or Administrator General's Act or Regulation VIII of 1827 or corresponding law

88. Procedure not affected by Indian Succession Act or Administrator General's Act or Regulation VIII of 1827[197][or corresponding law]

Nothing in the Indian Succession Act, 1925,(XXX IX of 1925) or in the Administrator General's Act, 1913 (III of 1913), shall apply to intestate property which is dealt with by the Commissioner, under sub-section (1) of section 85, nor shall the provisions of section 10 of Regulation VIII of 1827[198][or of any corresponding law in force] likewise be deemed to apply to intestate property which is dealt with by a Magistrate under sub-section (1) of section 85.

Section 89 - Police officer may take charge of stray cattle

[199][ In any area outside the charge of a Commissioner ], a Police officer may take, charge of any animal falling under the provisions of the Cattle Trespass Act, 1871 (I of 1871),[200][* * * * * * *] which may be found straying in a street and may take or send the sum to the nearest pound, and the owner and other persons concerned shall thereon become subject to the provisions of[201][that Act].

Section 90 - Power to establish cattle-pounds and appoint poundkeepers

(1) [202][In any area under the charge of a Commissioner ] the Commissioner[203] [***] shall, from time to time, appoint such places as he thinks fit to be public pounds, and may appoint to be Keepers of such pounds police officers of such rank as may be approved by the State Government.

(2) Every pound-keeper so appointed shall, in the performance of his duties, be subject to the direction and control of the Commissioner,[204][****].

Section 90A - Penalty for allowing cattle to stray in street or to trespass upon private or public property

[205][90A. Penalty for allowing cattle to stray in street or to trespass upon private or public property

(1) Whoever in[206][any area under the charge of a Commissioner] allows any cattle which are his property or in his charge, to stray in any street or to trespass upon any private or public property shall, on conviction, be punished ?

(2) (i) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to three hundred rupees or with both;

(ii) for the second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

(3) The Magistrate trying the offence under sub-section (1) may order,;--

(4) (a) that the accused shall pay such compensation, not exceeding two hundred, and fifty rupees as the Magistrate considers reasonable, to any person for any damage proved to have been caused to his property or to produce of land by the cattle under the control of the accused trespassing on his land and also

(b) that the cattle in respect of which an offence has been committed shall be for ifeted to the State Government.

(5) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed under this section.

(6) An offence under this section shall be cognizable.]

Section 91 - Impounding of cattle

It shall be the duty of every police officer, and it shall be lawful for any other person, to seize and take o any such public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property in[207][any area under the charge of a Commissioner ]

[208] [* * * *].

Section 92 - Delivery of cattle claimed

If the owner of the cattle impounded under section 91 or his agent appears and claims the cattle, the pound-keeper shall deliver them to him on payment of the pound-fees and expenses chargeable in respect of such cattle under section 94.

Section 93 - Sale of cattle not claimed

(1) If within ten days after an animal has been impounded no person appearing to be the owner of such animal offers to pay the pound-fee and expenses chargeable under section 94, such animal shall be forthwith sold by auction, and the surplus remaining after deducting the fee and expenses aforesaid from the proceeds of the sale shall be paid to any person who, within fifteen days after the sale, proves to the satisfaction of such officer as the Commissioner authorises that he was the owner of such animal, and shall in any other case, form part of the consolidated fund of the State.

(2) No police officer or pound-keeper shall, directly or indirectly, purchase any cattle at a sale under sub-section (1).

Section 94 - Rate to be fixed by notification

(1) The pound-fee chargeable shall be such as the State Government may, from time to time by notification in the Official Gazette, specify for each kind of animal[209][* * *].

(2) The expenses chargeable shall be at such rates for each day during any part of which an animal is impounded, as shall, from time to time be fixed by the Commissioner[210][* * *] in respect of such animal.

Section 95 - Power as to inspection search and seizure of false weights and measures

(1) Notwithstanding anything contained in section 153 of the Code of Criminal Procedure, 1898, (V of 1898)any Police officer generally or specially deputed, in any area under the charge of a, Commissioner, by the Commissioner and elsewhere, by the District Superintendent or any other officer specially empowered in that behalf by the State Government, may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein.

(2) If he finds in such shop or premises weights, measures or instruments for weighing or measuring which he has reason to believe are false, he may seize the same and shall forthwith give information of such seizure to the Magistrate having jurisdiction, and if such weights, measures or instruments shall be found by the Magistrate to be false, they shall be destroyed.

(3) Weights and measures purporting to be of the same denomination as weights and measures, the standards whereof are kept under any law from time to time in force shall, if they do not correspond with the said standards. be deemed to be false within the meaning of this section.

Section 96 - Procedure to be followed by officers and Magistrates in certain cases

(1) Notwithstanding anything contained in sections 129, 130, sub section (2) of section 167, and section 173 of the Code of Criminal Procedure, 1898, (V of 1898)?

(2) the powers and duties of a Magistrate under sections 129 and 130 of that Code may, in any area under the charge of a Commissioner, e be exercised and performed by the Commissioner,

(ii) the Presidency Magistrate in Greater Bombay to whom as accused person is forwarded under sub-section (2) of section 167 of the Code, may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit for a term not exceeding fifteen days at a time,

(iii) the officer in charge of the Police station shall forward his report under section 173 of the Code to the Commissioner or such other officer as the Commissioner may direct in that behalf.

(3) Nothing contained in section 62 of the Code of Criminal Procedure, 1898,(V of 1898), shall operate to require any officer in charge of a Police station in[211] [any area under the charge of a Commissioner] to submit any report provided for by that section, to any Magistrate.

(4) Sections 127 and 128 of the Code of Criminal Procedure, 1898, [V of 1898], in their application to Greater Bombay[212][ and any other area for which a Commissioner has been appointed ] shall be amended as follows:--

(5) in section 127, for the words " police station " the words " section or any police officer not below the rank of a sub-inspector authorised by the State Government in this behalf " shall be substituted;

(6) in section 128, for the words " police station whether within or without the presidency-towns " the words and figures " section or any police officer authorised under section 127 " shall be substituted.

Section 97 - A superior Police Officer may himself perform duties imposed on the inferior etc.

A Police officer of rank superior to that of constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him; and in case of any duty imposed on such subordinate, a superior where it shall appear to him necessary, may aid, supplement, supersede or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority, whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding an infringement thereof.

Section 98 - Emergency duties of police

(1) The State Government may, by notification in the Official Gazette, declare any specified service to be an essential service to the community:

Provided that such notification shall remain in force for one month in the first instance, but may be extended, from time to time, by a like notification.

(2) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall be the duty of every police officer to obey an order given by any superior officer in relation to employment upon or in connection with the service specified in the declaration; and every such order shall be deemed to be a lawful order within the meaning and for the purposes of this Act.

Section 99 - Disregarding the rules of the road

No person shall--

(a) When driving a vehicle along a street and except in cases of actual necessity or of some sufficient reason, for deviation, fail to keep on the left side of such street and when passing any other vehicle proceeding in the same direction fail to keep on the right side of such vehicle; or

Leaving cattle, etc. insufficiently tended

(b) leave in any street or public place insufficiently tended or secured any animal or vehicle.

Section 100 - Causing onstruction or mischief by animal

No person shall cause obstruction, damage, injury, danger, alram or mischief in any street or public place,--

(a) by any misbehaviour, negligence or ill-usage in the driving, management, treatment or care of any animal or vehicle; or

(b) by driving any vehicle or animal laden with timber, poles or other unwieldy articles through a street or public place contrary to any regulation made in that behalf and published by a competent authority.

Section 101 - Exposing animal for hire or sale, etc.

No person shall in any street or public place expose for hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or other animal, except at such, times and places as a competent authority permits, or shall train or break in any horse or other animal or made any vehicle or any part of vehicle, or except when in the case of an accident repairing on the spot is unavoidable, repair any vehicle or part of vehicle or carry on therein any manufacture or operation so as to be serious impediment to traffic or a serious annoyance to residents or to the public.

Section 102 - Causing any obstruction in a street

No person shall cause obstruction in any street, or public place by allowing any animal or vehicle which has to be loaded or unloaded, or to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose, or by leaving any vehicle standing or fastening any cattle therein, or using any part of a street or public place as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of lime or contrary to any regulation made and published by a competent authority by exposing anything or sale or setting out anything for sale in or upon any stall, booth, board, cask, basket or in any other way whatsoever.

Section 103 - Obstructing a footway

No person shall drive, ride, lead, propel or leave on any footway any animal or vehicle other than a perambulator of fasten any animal so the same can stand across or upon such footway.

Section 104 - Exhibiting mimetic musical or other performance, etc.

No person shall exhibit, contrary to any regulation made and notified by the Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds, or carry or place bullky advertisements, pictures, figures or emblems in any street or public place whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned.

Section 105 - Doing offensive acts on or near street or public place

No person shall slaughter any animal, clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or public place (except at a place set apart for the purpose by order of a competent authority) so as to cause annoyance to the neighbouring residents or to passesrs by.

Section 106 - Letting loose horse, etc., and suffering ferocious dogs to be at large

No person shall in any street or public place (A) negligently let loose any horse or other animal, so as to cause danger, injury, alarm or annoyance, or suffer a ferocious dog to be at oarge without a muzzle, or (B) set on, or urge a dog or other animal to attack, worry or put in fear any person or horse or other animal.

Section 107 - Bathing or washing in place not set apart for those purposes

No Oerson shall bathe or wash in or by side of a public well, tank or reservoir not set apart for such purposes by order of a competent authority or in. or by the side of any pond, pool, acqueduct, part of a river, stream, nala or other source or means of water-supply in which such bathing or washing is forbidden by order of the competent authority.

Section 108 - Defiling water in public wells, etc.

No person shall defile or cause to be defiled the water in any public well, tank, reservior, pond, pool, acqueduct or part of a river, stream, nala or other source or means of water-supply, so as to render the same less fit for any purpose for which it is set apart by the order of the compentent authority.

Section 109 - Obstructing bathers

No person shall obstruct or incommode a person bathing at a place set apart for the purpose by the order of the competent authority under section 107-by wilful intrusion or by using such place for any purpose for which it is not so set apart.

Section 110 - Behaving indecently in public

No person shall willfully and indecently expose his person in any street or public place or within sight of, and in such manner as to be seen from any street or public place, whether from within any house or building not or use indecent language or behave indencently or riotously or in a disorderly manner in a street or place of public resort or in any office, station or station house.

Section 111 - Obstructing or annoying passengers in the street

No person shall wilfully purch, press, hustle or obstruct any passenger in a street or public place or by violent movements, menacing, gesture, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle or otherwise distrub the public peace or order.

Section 112 - Misbehaviour with intent to provike a breach of the Peasce

No person shall use in any street or public place any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned.

Section 113 - Prohibition against flying kite

No person shall fly a kite so as to cause danger, injury or alaram to persons[213][houses] or property.

Section 114 - [Deleted]

Repealed by Bombay X of 1960 Section I. (4) Schedule. Begging and exposing offensive ailments

Section 115 - Committing nuisance in or near street etc.

No person shall in or near to any street, public place or place of public resort-

(a) commit a nuisance by easing himself, or

(b) having the care or custody of any child under seven years of age suffer such child to commit a nuisance as aforesaid,[214][or

Section 116 - Disregard of notice in public building

No person shall, in any Court, Police Station, Police Office, building occupied by Government or building occupied by any public body, smoke or spit in contravention of a notice by a competent authority in charge of such place and affixed to such Court, Station, Office or building.

Section 117 - Penalties for offenders under sections 99 to 116

Any person who contravenes any of the provisions of section 99 to 116 (both inclusive) shall, on conviction, be punished with fine which may extend to[215][hundread rupees].

Section 118 - Penalties for failure to keep in confinement cattle, etc.

(1) In any local area in which the State Government by notification in the Official Gazette brings this section into force, whoever through neglect or otherwise fails to keep in confinement or under restraint between one hour after sunset and sunrise any cattle which are his property or in his charge shall, on conviction,[216][ be punished,--

(2) (i) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to three hundred rupees or with both;

(ii) for the second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both].

Explanation.--Cattle shall not be deemed to be kept in confinement within the meaning of this sub-section unless they are effectively confined within a fence, wall or other enclosure and shall not be deemed to be kept under restraint within the meaning of this sub-section unless they are restrained by means of a rope or other attachment.

[217][(1A) The Magistrate trying the offence under sub-section (1) may, order

(3) (a) that the accused shall pay such compensation not exceeding two hundred and fifty rupees, as the Magistrate considers reasonable, to any person for any damage proved to have been caused to his property or to produce of land by the Cattle under the control of the accused treappssing on his land; and also

(b) that the cattle in respect of which the offence has been committed shall be forfeited to the State Government.

(1B) Any compensation awarded under sub-section (1A.) may be recovered as if it were a fine imposed under this section.

(1C) The offence under this section shall be cognizable.]

(4) any person may seize any cattle not being kept in confinement or under restraint as required by this section may take or send same to the nearest cattle-pound and the owner persons concerned shall thereon become subject to the provisions of the cattle tresspass Act, 1871,[I of 1871][218] [***************] all officers of police and all police patels and all members of the village police shall when required , aid in preventing resistance to such seizures and resucues from persons making such seizures.

(5) any fine imposed under this section may without prejudice to any other means of recover provided by law. be recovered by sale of all or any of the cattle in resects of which the offence was committed, whether they are the property of the person convicted of the offence or were only in his charge when the offence was committee.

Section 119 - Punishment for cruelty to animals

Whoever in any place[219][in any area for which a commissioner has not been appointed] cruelly beats, goads, overworks, ill-treats or tortured or cause or procures to be cruelly beaten goaded, overworked, ill-treated or tortured any animal, shall, on conviction be punished with imprisonment which may extend to one mouth month or with fine which may extend to one hundred rupee, or with both.

Section 120 - Wilful trespass

Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling house or premises or any land or ground attached thereto or on any ground, building, monument or structure belonging to Government appropriated to public purposes, or on any boat or vessel shall, on conviction or whether he causes any actual damage or not, be punished with fine which may extend to twenty rupees.

Section 121 - False alarm or fire or damage to fire-alarm

whoever knowingly givens or causes to be given a false alarm of fire to the fire brigade of a municipality or corporation or to any office or fireman thereof whether by means of a street fire-alarm ,statement, message or other, or with intent to give such fales alarm wilfully breaks the glass of or otherwise damages a street fire- alarm, shall on conviction be punished with imprisonment for a term which may extend to three months or with fire which may extend to one hundred rupees or with both.

Section 122 - Being found under suspicious circumstances between sunset and sunrise

Whoever is found between sunset and sunrise--

(a) armed with any dangerous instrument with intent to commit offence or (b) having his face covered ,or otherwise disguised, with intent to committed an offence, or

(b) in any dwelling-house or other building, or on board any vessel or boat without being able satisfactorily to account for his presence there or

(c) lying or loitering in any street, yard or other place, being a reputed thief and without being able to give a satisfactory account of himself or

(d) having in his possession without lawful excuse (the burden of proving which excuse shall be on such person) any implement of house breaking shall on conviction be punished with imprisonment for a term which may extend to three months.

Section 123 - Carrying weapon without authority

Whoever not being a member of the armed forces of the Union and acting as such or a Police Officer, goes armed with any sword, spear, bludgeon gun or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by lawful authority, shall be liable to be disarmed by any Police Officer, and the weapon or substance so seized shall be forfeited to the State Government, unless redeemed within two months by payment of such fine not exceeding five hundred rupees as the Commissioner or the District Magistrate in areas under their respective charges imposes.

Section 124 - Possession of property of which no satisfactory account can be given

Whoever has in his possession or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe is stolen property or property fraudulently obtained, shall, if he fails to account for such posession or to act to the satisfaction of the Magistrate, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or with both.

Section 125 - Taking spirits into public hospital or into barracks or on boards of vessels of war

Whoever

(a) takes or introduces, or attempts ,to take or introduce, any spirits orsprituous or fermented liquors or intoxicating drugs or preparations into any public hospital without the permission of a medical officer such hospital, or

(b) not being amenable to the Articles of War takes or introduces, or attempts to take or introduce, any such spirits liquors, drugs or preparations not belonging to any person above the rank of a non-commissioned officer.

(ii)on board or alongside of any xessel of war belonging to Government shall on conviction, be punished with imprisonment for a term which may extend to two months, or with fince which may extend to one hundred rupees, or with both and such spirits, liquors, drugs or preparations and the vessels containing the same, shall be forfeited to the State Government'.

Section 126 - Ommission by pawn-brokers etc., to report to Public possession or tender of property suspected to be stolen

Whoever, being a pawn-broker, dealer in second-hand property, or worker in metals, or reasonably believed by the Commissioner, or District Euperintendent in the are? as under their respective charges to be such a person, and having received from a police officer written or printed information that the possession of any property suspected to have been transferred by any offence mentioned in section 410 of the Indian Penal Code,[XLV of 1860], or by any offence punishable under section 417, 418, 419 or 420 of the said Code, is found in possession or thereafter comes into the possession, or has an offer either by way of sale, pawn exchange, or for custody alteration or to therwise howsoever, made to him of property answering the description contained in such information, shall' unless

(a) he fortwith gives information to the Commissioner, or the District Juperintendent' as the case may be, or' at a Police station of such possession or offer and takes all reasonable means to ascertain and to give information as aforesaid of the name and address of the person from whom the possession or offer was received, or

(b) the property being, as an article of common wearing appeal or other wise, in capable of identification from the written or printed information given, has been in no way concealed after the receipt of such information, on conviction, be punished with fine which may extend to fifty rupees in respect of each such article of property so in his possession or offered to him.

Section 127 - Melting, etc. of such property

Whoever, having received such information as is referred to in section 126, alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away without the previous permission of the Police any such property, shall on proof that the same was stolen property within the meaning of section 410 of the Indian Penal Code, (XLV of), or property in respect of which any offence punishable under section 417, 418, 419 or 420 of the said Code has been committed, be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

Section 128 - Taking pledge from child

Whoever takes from any child not appearing to be above the age of forteen years any article whatsoever as a pawn, pledge or security for any sum of money lent, advanced or delivered to such child, or without the know ledge and consent of the owner of the article buys from such child any article whatsoever, shall on conviction, be punished with fine which may extend to one hundred rupees.

Section 129 - Permission of disorderly conduct at places of public amusement, etc.

Whoever, being the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other disorderly behaviour or any gaming whatsoever, in such place, shall, on conviction, be punished with a fine which may extend to one hundred rupees.

Section 130 - Cheating at games

Whoever, by any fraud or unlawful device or malpractice in playing at or with cards, dice or other game, or in taking a part in the stakes or wagers, or in betting on the sides or hands of the players, or in wagering on the event of any game, sports, pastime or exercise, wins from any other person, for himself or any other or others, any sum of money or valuable thing, shall be deemed guilty of cheating within the meaning of section 415 of the Indian Penal Code (XLV OF 1860), and be liable to punishment accordingly.

Section 130A - Gambling in street

[221][130A. Gambling in street

Whoever, assembles with others or pins any assembly in a street assembled for the purpose of gaming or wagering shall, on conviction be punished with fine which may extend to fifty rupees or may be released after a due admonition].

Section 131 - Penalty for contravening rules. etc. under section 33

[222][[223] Save as provided in section 131A, whoever-]

(a) contravenes any rules or order made under section 33 or any of the conditions of a license issued under such rule or order, or

(b) abets the commission of any offence under clause (a) shall, on conviction be punished]?

(c) (i) if the rule or order under which the said license was issued was made under clause (d), (g), (h), (i), sub-clauses and (ii) of clause (r) or clause (u)of sub-section (1) of section 33, with imprisonment for a term which may extend to eight days or with fine which may extend to fifth rupees or with both;

(ii) if the, rule or order contravened was made under clause (x) of sub-section (1) of section 33, with imprisonment for a terra which may extend to three months or with fine which may extend to five hundred rupees or with both;

(iii) if the rule or order contravened or the rule or order under which the said licence was issued was made under clauses (n) and (o) of .sub-section (1) of section 33 with fine which may extend to two hundred rupees;

(iv) if the rule or order contravened was made under clause (6) of sub-section (1) of section-33 and prohibits the sale or exposure for sale of any goods on any street or portion thereof so as to cause obstruction to traffic or inconvenience to the public--

(d) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees or with both, and

(e) for a subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees; and

(f) if the rule or order contravened or the rule or order under which the said licence was issued was made under any other clause, with fine which may extend to fifty rupees.

Section 131AA - Liability of licensee of place of public entertainment for acts of servants

[224][131AA. Liability of licensee of place of public entertainment for acts of servants

The holder of a licence, granted under this Act, in respect of a place of public entertainment shall be responsible, as well as the actual offender, for any offence under section 131 committed by his servant or other agent acting with his express or implied permission on his behalf, as if he him self had committed the same, unless ho establishes that all due and reasonable precautions were taken by him to prevent the commission of such offence].

Section 131A - Penalty for not obtaining licence or for not renewing licence within specified period in respect of place of public entertainment

[225][131A. Penalty for not obtaining licence or for not renewing licence within specified period in respect of place of public entertainment

(1) Whoever fails to obtain a licence under this Act in respect of a place of public entertainment or to renew a licence granted under this Act, in respect of such place within the prescribed period shall, on conviction, be punished with a fine which may extend to Rs. 50.

(2) Any court trying any such offence shall in addition direct that the person keeping the place of public entertainment in respect of which the offence has been committed shall close such place until he obtains a licence or fresh licence, as the case may be, in respect thereof and thereupon such person shall forthwith comply with such direction.

(3) If the person fails to comply with any such direction he shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to Rs. 200 or with both.

(4) Without prejudice to any action taken under sub-section (3) on the failure of such person to comply with the direction of the Court any police officer authorised by the Commissioner the District Magistrate, as the case may be, by an order in writing, may take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of such officer, be reasonably necessary for securing compliance, with the Court's direction.]

Section 132 - Penalty for disobedience or order under section 31

Whoever contravenes, disobeys, opposes, or fails to conform to an order under section 31 requiring him to vacate any premises, shall on conviction be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both,

Section 133 - Penalty for contravening rules etc., under section 35

Whoever contravenes any rule made under section 35 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees or with both.

Section 134 - Penalty for contravention of rule, etc., under section 36

Whoever, contravenes, disobeys, opposes or fails to conform to any order given by a police officer under section 36 shall, on conviction, be punished with fine which may extend to two hundred rupees.

Section 135 - Penalty for contravention of rule or directions under sections 37, 39 or 40

Whoever disobeys an order lawfully made under section 37, 39 or 40 or abets the disobedience thereof shall, on conviction, be punished--

(a) if the order disobeyed or of which the disobedience was abetted was made under sub-section (1) of section 37 or under section 39, or section 40, with imprisonment for a term which may extend to one year but shall not except for reasons to be recorded in writing be less than four months and shall also be liable to fine, and;

(b) if the said order was made under sub-section (2) of section 37, with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees, and

Section 136 - Penalty for contravening rules, etc., made under section 38

Whoever disobeys any direction lawfully made under section 38 or abets the disobedience thereof shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Section 137 - Penalty for contravening rule, etc., made under section 41

Whoever opposes or fails to conform to any direction given by the Police under section 41, shall on conviction be punished with fine which may extend to two hundred rupees.

Section 138 - [Deleted]

[Penalty for failure to comply with order under section 42.] Deleted by Guj. 16 of 1978, Section 16.

Section 139 - Penalty for contravention of a regulation made under section 43

Whoever contravenes or abets the contravention of any regulation made under section 43 shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to two hundred rupees, or with both.

Section 140 - Penalty for contravening directions under section 68

Whoever opposes or fails to conform to any direction given by the police under section 68 or abets the opposition or failure to do so shall, on conviction, be punished with fine which may extend to fifty rupees.

Section 141 - Penalty for contravention of directions under sections 55, 56, 57

141. Penalty for contravention of directions under sections 55, 56,[226][57 or 63AA]

Whoever opposes or disobeys or fails to conform to any direction issued under section 55, 56,[227][57 or 63AA] or abets opposition to or disobedience of any such direction shall, on conviction, be punished with imprisonment which may extend to one year but shall not, except for reasons to be recorded in writing, be less than four months, and shall also be liable to fine.

Section 142 - Penalty for entering without permission area from which a person is directed to remove himself or overstaying when permitted to return temporarily

[228][142. Penalty for entering without permission area from which a person is directed to remove himself or overstaying when permitted to return temporarily

Without prejudice to the power to arrest and remove a person in the circumstances and in the manner provided in section 62, any person who--

(a) in contravention of a direction issued to him under section 55,56,57 or 63AA enters or returns without permission to the area, or any district or districts or part thereof, from which he was directed to remove himself;

(b) enters or returns to any such area or district aforesaid or part thereof with permission granted under sub-section (2) of section 62, but fails, contrary to the provisions thereof, to remove himself outside such area at the expiry of the temporary period for which he was permitted to enter or return or on the earlier revocation of such permission, or having removed himself at the expiry of such temporary period or on revocation of the permission, enters or returns thereafter without fresh permission,shall, on conviction, be punished with imprisonment for a term which may extend to two years, but shall not, except for reasons to be recorded in writing, be less than six months, and shall also be liable to fine.

Section 143 - Penalty for failure to surrender in accordance with subsection (3) of section 63

Whoever fails without sufficient cause to surrender in accordance with sub-section (3) of section 63 shall, on conviction, be punished with imprisonment which may extend to two years and shall also be liable to fine.

Section 143A - Penalty for contravention of order under section 63A

[229][143A. Penalty for contravention of order under section 63A

(1) Whoever, contravenes any order made under sub-section (1) of section 63A shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.

(2) Whoever contravenes any order made under sub-section (2) of section 63A shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine or with both].

Section 143B - Dangerous performances

[230][143B. Dangerous performances

(1) No person shall without the previous permission of the Commissioner or the District Magistrate, as the case may be, and except in accordance with any conditions subject to which such permission is granted, hold or give, in any place which is likely to cause an assembly of persons, any performance in which or during which he buries himself underground, or seals himself in any room or receptacle or other thing, in such manner as to preventall access of air to him and for such time as would ordinarily result in death by suffocation.

(2) If any person contravenes or attempts to contravene the provisions of this section, he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898[V of 1898], the offence punishable under this section shall be cognisable.]

Section 144 - Neglect or refusal to serve as Special police officer

Any person who having been appointed a Special Police Officer under section 21 shall without sufficient cause neglect or refuse to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties, shall, on conviction be punished with fine which extend to may fifty rupees.

Section 145 - Penalty for making false statement etc., and for misconduct of Police officers

(1) Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a police officer, or

(2) Any police officer who (a) is guilty of cowardice, or (b) resigns his office or withdraws himself from duties thereof in contravention of section 29, or (c) is guilty of any wilful breach or neglect of any provision of law or of any rule, or order which as such police officer, it is his duty to observe or obey, or (d) is guilty of any violation of duty for which no punishment is expressly provided by any other law in force, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or with both.

Consequence of failure to return to duty after leave.

(3) A police officer who being absent on leave fails, without reasonable cause to report himself for duty on the expiration of such leave shall, for the purpose of clause (b) of sub-section (2), be deemed to withdraw himself from the duties of his office within the meaning of section 29.

Section 146 - Penalty for failure to deliver up certificate of appointment or officer or other article

Any police officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provision of sub-section (1) of section 30 shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

Section 147 - Vexatious entry, searchs arrest, etc. by police officer

Any police officer who--

(a) without lawful authority or reasonable cause enters or searches, ,or causes to be entered or searched, any building, vessel, tent or place

(b) vexatiously and unnecessarily seizes the property of any person;

(d) offers any unnecessary personal violence to any person in his custody; or

(e) holds out any threat or promise not warranted by law,shall for every such offence, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.

Section 148 - Penalty for vexatious delay in forwarding a person arrested

Any police officer who vexatiously and unnecessarily delays forwarding any person arrested to a Magistrate or to any other authority to whom be is legally bound to forward such person, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

Section 149 - Penalty for opposing or not complying with direction given under section 70

Whoever opposes or fails forthwith to comply with any reasonable direction given by a Magistrate or a police officer under section 70 or abets opposition thereto or failure to comply therewith, shall, on conviction be punished with imprisonment for a term which may extend to one year but shall not except for reasons to be recorded in writing be less than four months and shall also be liable to fine.

Section 149A - Penalty for unauthorised use of police uniform

[231][149A. Penalty for unauthorised use of police uniform

If any person not being a member of the Police Force, wears, without the permission of an officer authorised by the State Government in this behalf by a general or special order for any area[232][in the[233][State of Gujarat] the uniform of the Police force or any dress having the appearance, or bearing any of the distinctive marks of that uniform, he shall, on conviction be punished with fine which may extend to two hundred rupees.]

Section 150 - Jurisdiction when offender is a police officer above the rank of constable

Offences against this Act, when the accused person or any one of the accused persons is a police officer, above the rank of a constable, shall not be cognizable except by[234][** *] a Magistrate not lower than a second class Magistrate.

Section 151 - Prosecution for certain offences against the act to be in the discertion of the police

It will not except in obedience to a rule or order made by the State Government or by the competent authority, be incumbent on the police to prosecute for an offence punishable under section 117, 119, 131, 134, 137, 139, 140 or 144, when such offence has not occasioned serious mischief and has been promptly desisted from on warning given.

Section 151A - Summary disposal of certain cases

[235][151A. Summary disposal of certain cases

(1) A Court taking cognizance of an offence punishable under clause (v) of section 131, for contravention of a rule or order made under clause (b) or (c) of sub-section, (1), of section 33, may state upon the summons to be served on the accused, person that he may, by a specified, date prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the Court such sum, not exceeding twenty-five rupees, as the Court may specify.

(2) When an accused person pleads guilty and remits the sum specified, no further proceedings in respect of the offence shall be taken against him.]

Section 152 - Prosecution for offences under other enactments not affected

Nothing in this Act shall be construed to prevent any person from being prosecuted and punished under any other enactment for any offence made punishable by this Act or from being prosecuted and punished under this Act for an offence punishable under any other enactment:

Provided that all such cases shall be subject to the provisions of section 403 of the Code of Criminal Procedure, 1898 (V of 1898).

Section 153 - Disposal of fees, rewards, etc.

All fees paid for licenses or written permissions issued under this Act, and all sums paid for the service of processes by police officers and all rewards, forfeitures and penalties or shares thereof which are by law payable to police officers as informers shall, save in so far as any such fees or sums belong under the provisions of any enactment in force to any local authority, be credited to the State Government:

Provided that with the sanction of the State Government or under any rule made by the State Government in that behalf, the whole or any portion of any such reward, forfeiture or penalty may for special services, be paid to a police officer, or be divided amongst two or more police officers.

Section 154 - No municipal or other rates to be payable by State Government on police buildings

No municipal or other local rates shall be payable by the State Government on account of the occupation or use of any house or place[236]by members of the police force for the convenient performance of their duties[237]in the Bombay area of the State of Gujarat] and also in such of the remaining areas of the[238] [State of Gujarat] as may be notified by the State Government in the Official Gazette.]

Section 155 - Method of proving orders and notifications

Any order or notification published or issued by the State Government or by a Magistrate or officer under any provision of this Act and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by such Magistrate, or officer, and by him certified to be a true copy of an original published or issued according to the provisions of the section of this Act applicable thereto.

Section 156 - Rules and orders not invalidated by defect of form or irregularity in procedure

No rule, order, direction, adjudication, inquiry or notification made or published, and no act done under any provision of this Act or of any rule made under this Act, or in substantial conformity to the same, shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.

Section 157 - Presumption in prosecutions for contravention of directions issued under section, 55, 56, or 57

157. Presumption in prosecutions for contravention of directions issued under section, 55, 56,[239][57 or 63 AA.]

Notwithstanding anything contained in any law for the time being in force, in prosecution for an offence for the contravention of a direction, issued under section 55,56,[240][57 or 63 AA] on the production of an authentic copy of the order, it shall, until the contrary is proved and the burden of proving which shall lie on the accused, be presumed --

(a) that the order was made by the authority competent under this Act to make it;

(b) that the authority making the order was satisfied that the grounds on or the purpose for which it was made existed, and that it was necessary to make the same; and

Section 157A - Officers holding charge of or succeeding to vacancies competent to exercise powers

[241] [ 157-A. Officers holding charge of or succeeding to vacancies competent to exercise powers

Whenever in consequence of the office of a Commissioner, Magistrate or Police Officer becoming vacant, any officer holds charge of the post of such Commissioner, Magistrate, or Police Officer or succeeds either temporarily or permanently to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such Commissioner, Magistrate or Police Officer as the case may be.

Section 158 - Forfeiture of bond entered into by person permitted to enter or return to the area from which he was directed to remove himself

If any person permitted under sub-section (1) of section 63 fails to observe any condition imposed under the said sub-section or in the bond entered into by him under sub-section (2) of the said section his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the Court why such penalty should not be paid.

Section 159 - No Magistrate or Police Officer to be liable to penalty or damage for act done in good faith in pursuance of duty

[242][No Magistrate] or Police Officer shall be liable to any penalty or to payment of damages on account of an act done On good faith, in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this Act or any other law for the time being in force or any rule, order or direction made or given therein.

Section 160 - No public servant liable as aforesaid for giving effect in food faith to any rule, order or direction issued with apparent authority

No public servant or person duly appointed or authorised shall be liable to any penalty or to payment of any damages for giving effect in good faith to any such order or direction issued with apparent authority by the State Government or by a person empowered in that behalf under this Act or any rule, order or direction made or given thereunder.

Section 161 - Suits or prosecutions in respect of acts done under colour of duty as aforesaid not to be entertained or to be dismissed if not instituted within one year

161. Suits or prosecutions in respect of acts done under colour of duty as aforesaid not to be entertained, or to be dismissed if not instituted within[243][one year]

(1) In any case of alleged offence by the Commissioner, a Magistrate, Police Officer or other person, or of a wrong alleged to have been done to such Commissioner, Magistrate, Police Officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein, it shall appear to the Court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained, or shall be dismissed, if instituted, more than [one year] afterthe data of the act complained of.

In suits as aforsaid one months notice of suit to be given with sufficient description of wrong complained of.

(2) In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall be bound to give to the alleged wrong-doer one month's notice at least of the intended suit with sufficient description of the wrong complained of, failing which such suit shall be dismissed.

Plaint to set forth service of notice and tender of amends.

(3) The plaint shall set forth that a notice as aforesaid has been servedon the defendant and the date of such service, and shall state whether any, and if any, what tender of amends has been made by the defendant. A copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof.

Section 162 - Licences and written permissions to specify conditions etc., and to be signed

(1) Any licence or written permission granted under the provisions of this Act shall specify the period and locality for which, and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority and such fee shall be charged therefor as is prescribed by any rule under this Act in that behalf.

Revocation of licences, etc.

(2) Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority, if any of its conditions or restrictions is infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence ,in any matter to which such licence or permission relates.

When lincence revoked etc. grantee to be deemmed without licence.

(3) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted shall, for all purposes of this Act, be deemed to be without a licence or written permission, until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be.

Grantee to produce licence etc. when required.

(4) Every person to whom any such licence or written permission has been granted, shall, while the same remains in force, at all reasonable time, produce the same, if so required by a Police officer.

Explanation.--For the purpose of this section any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person to whom the licence or written permission has been granted shall be deemed to be infringement or evasion by, or as the case may be, conviction of, the person to whom, such licence or written permission has been granted.

Section 163 - Public notices how to be given

Any public notice required to be given, under any of the provisions of this Act shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising, the same in such local newspapers, --English or regional language or Hindi,--as the said authority may deem fit, or by any two or more of these means and by any other means it may think suitable.

Section 164 - Consent etc. of a competent authority may be proved by writing under his signature

Wherever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document, signed by a competent authority purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.

Section 165 - Signature or notices etc., may be stamped

Every licence, written permission, notice or other document, not being a summons or warrant or search warrant, required by this Act, or by any rule thereunder, to bear the signature of the Commissioner, shall be deemed to be properly signed if it bears a fascimile of his signature stamped thereon.

Section 166 - Persons interested may apply to State Government to annual, reverse or after any rule or order

(1) In the case of any rule or order made by the State Government under an authority conferred by this Act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves of those under their control in a manner therein described, it shall be competent to any person interested to apply to the State Government by a memorial given to a Secretary to the State Government to annual, reverse or alter the rule or order aforesaid on the ground of its being unlawful, oppressive or unreasonable.When a suit shall lie to the District Court to declare a rule or order unlawful.

(2) After such an application as aforesaid and the rejection thereof wholly or in part or after the lapse of four months without an answer to such application or a decision thereon published by the State Government, it shall be competent to the person interested and deeming the rule or order contrary to law to institute a suit against the State for a declaration that the rule or order is unlawful either wholly or in part. The decision in such suit shall be subject to appeal; and a rule or order finally adjudged to be unlawful shall by the State Government be annulled or reversed or so altered as to make it conformable to law.

Section 167 - Repeal and saving

(1) The enactments [244][specified in Part I of Schedule I] are hereby repealed:

Provided that --

(2) all rules prescribed, appointments made, powers conferred, orders made or passed, directions and certificates issued, consent, permit, permission or licences given, summons or warrants issued or served, persons arrested or detained or discharged on bail or bond, search warrants issued, bond forfeited, penalty incurred under any such enactment shall, so far as they are consistent with this Act, be deemed to have been respectively prescribed, made, conferred, given, passed, served, arrested, detained, discharged, forfeited and incurred thereunder.

(3) ?all references made in any Bombay Act to any of the Acts hereby repealed shall be read as if made to the corresponding provision of this Act.

(4) Nothing in sub-section (1) shall be deemed to affect ?

(a) the validity, invalidity, effect or consequence of anything done or suffered ,to be done in an area before the date on which the provisions of this Act come into force in such area;

(b) any right, privilege, obligation or liability already acquired, accrued or incurred before such date;

(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment;

(e) any legal proceeding pending in any Court or before any officer on the aforesaid date or anything done or suffered to be done in the course of such proceedings; and any such proceeding or any appeal or revisional proceedings arising out of such proceeding shall be instituted, continued or disposed of, as the case may be, as if this Act had not come into force.

[245][(2A) On the commencement of this Act in that part of the State to which it is extended by the Bombay Police (Extension and Amendment) Act, 1959 (Bombay XXXIV of 1959), the laws specified in Part II of Schedule I and in Schedule IV, as in force in that part of the State, shall stand repealed:

Provided that such repeal shall not affect --

(a) the previous operation of any law so repealed, or anything duly done or suffered thereunder; or (b) the right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or (c) any penalty incurred in respect of anything done against any law so repealed;

and any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability or penalty as aforesaid may be instituted, continued or enforced, and any such penalty may be imposed, as if this Act had not come into force in the relevant part of the State:

Provided further that, subject to the preceding proviso, anything done or any action taken (including any rule prescribed, appointment made, power conferred, order made or passed, direction or certificate issued, consent, permit permission or licence given, summons or warrant issued or served, person arrested or detained or discharged on bail or bond, search warrant issued or bond forfeited) under any such repealed law shall, in so far as it is not inconsistent with this Act, be deemed to have been done or taken under the Corresponding provision of this Act, as if the said provisions were in force in the relevant part of the State when such thing was done or such action was taken, and shall continue in force accordingly, unles and untill superseded by anything done or any action taken under this Act:

Provided also that any reference to any such repealed law, or to any provision thereof, in any law for the time being in force, shall be construed as a reference to this Act or to the corresponding provision thereof. ]

(5) [246][The enactment specified in Schedule III in its application to the [247][ Bombay area of the State of Gujarat. ] is hereby amended to the extent and in the manner mentioned in the fourth column thereof. ]

Section 168 - Saving laws relating to Village Police and Reserve Police

168.[248][Saving laws relating to Village Police and Reserve Police

Nothing in this Act shall affect the provisions of the Bombay Village Police Act, 1867 (Bombay VIII of 1867. Sau. Ord. XXXII of 1949),[249][ that Act as in force in the Kutch area of the[250][ State of Gujarat ] or of the Saurashtra Village Police Ordinance, 1949, or any law corresponding thereto in force in any part of the State ] or any enactment which may be made in regard to the Reserve Police.

Schedule 1 - SCHEDULE I

SCHEDULE--I R

(See Sections 3 and 5 and [251][ sub-sections (1) and (2A) of section 167)

Year 1	No. 2	Short title. 3
[252][PART I]
1890	IV	The Bombay District Police Act, 1890.
1902	IV	The City of Bombay Police Act, 1902.
1949	XVI	The Police Forces (Control and Direction) Act, 1949.
[253][PART II
1861	V	The Police Act, 1861, as in force in the Vidarbha region of the State of Bombay. 1890
1890	IV	The Bombay District Police Act, 1890, as in force in the Kutch area of the State of Bombay.
1329F	X	The Hyderabad District Police Act.
1954	XVIII	The Saurashtra Police Act, 1954]

sSchedule 2 - SCHEDULE II

SCHEDULE II

(See Section 14.)

CERTIFICATE OF APPOINTMENT IN THE POLICE FORCE.

No...........

[254][STATE OF GUJARAT]

Certificate of appointment issued under the (Photograph to be affixed in the case of Bombay Police Act of 1951............:.............. ,[255][Inspector and] Sub-Inspectors).

Act of 1861.

Mr. .................................. has been appointed as............and is invested with the powers functions and privileges of a Police Officer under the Bombay Police Act of 1951.

Act V of 1861.

[256][Greater Bombay/Area under the charge of the Commissioner for......................]

In the Bombay District Police.

Railway -Police On the........................day of..............19 .

Signature ............................

Designation .......................

Schedule 3 - SCHEDULE III

SCHEDULE_III

(See sub-section 3) of section 167)

Year

No.

Short title.

Amendment.

1898

Code of Criminal Procedure

In clause (a) of sub-section (2) of section 1 of the Act--

(i) for the words "towns of Calcutta, Madras and Bombay", the words 'towns of Calcutta and Madras" shall be substituted.

(ii) for the words "towns of Calcutta and Bombay", the words "town of Calcutta" shall be substituted.

Schedule 4 - SCHEDULE IV

[257][SCHEDULE IV

(See sub-section (2A) of section 167.)

Year	No.	Short title.
1946	X	[258]The Central Provinces and Berar Goondas Act, 1946.
1947	XVII	The Central Provinces and Berar Special Police Establiement Act, 1947.
1951	XXIX	[259]The Hyderabad Public Security Measures Act, 1951.
1953	XII	The Punjab Security of the State Act, 1963, as extended to the Kutch area of the State of Bombay.
1955	XXV	The Saurashtra Gram Rakshak Dal Act, 1955.
1957	XXXVII	[260]The Hyderabad Public Security Measures (Amendment) and Supplemental ProvisionS Act, 1967].

[1] This Act was extended it that part of the State of Bombay to which immediately before the commencement of Bom. 34 of 1959, it did not extend (vide Bom. 34 of 1959,Section 2).

[2] For Statement of objects and Reasons see Bombay Government Gazette, 1950, Part V, Page 324; for Report of the Select Committee, See ibid, 1951, Part V pages 34-88.

[3] Substituted by the Gujarat short title (Amendment) Act, 2011 w.e.f. 01.05.1960 for the following : - "Bombay"

[4] This sub-section was substituted for the original by Bombay 34 of 1969,Section 4(2).

[5] This word was substituted for the word "Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[6] Sub-section (3) shall stand unmodified, vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[7] These words were inserted by Bombay 34 of 1950,Section 4(2).

[8] These words were substituted for the words "specify in this behalf", by Bombay 34 of 1959.

[9] The words "the Bombay Municipal Corporation Act, or" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[10] The words "or the City of Nagpur Corporation Act, 1948" were deleted, Bombay 34 of 1959.

[11] These words were substituted for the words, "Greater Bombay, and other areas," Bombay 34 of 1959.

[12] This portion was substituted for the words, "Greater Bombay" by Bombay 56 of 1959, Section 3 Schedule.

[13] Clause (5A) was deleted by the Gujarat Adaptation of Laws (State and Concurrent Subject) Order, 1960.

[14] These words, figures and letters were inserted by Bombay 34 of 1959, a. 5(3).

[15] This clause was substituted for the original, Bombay 34 of 1959, Section 5(4).

[16] Clause (7A) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1980.

[17] These Words were added by Bombay 57 of 1954, Section 2.

[18] Clause (13-A) was deleted by Guj. 15 of 1964, Section 4 Schedule.

[19] These words were substituted for the words, "whole State," by Bombay 34 of 1959, Section 6.

[20] These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subject) Order, 1960.

[21] These words were substituted for the words "whole of the State of Bombay" by Bombay 34 of 1959 Section 6.

[22] These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subject) Order, 1960.

[23] These words were inserted, Bombay 34 of 1959, Section 6.

[24] These Words were substituted for the words, "the State,"Bombay 34 of 1959, Section 7.

[25] This sub-clause was substituted for the original, Bombay 34 of 1959, Section 8.

[26] These words were substituted for the words "Greater Bombay or any other" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[27] These words were substituted for the words "conferred on him by or under this Act to an Assistant or Deputy Superintendent" byGuj. 16 of 1978, Section 2.

[28] Section 8A was inserted by Bombay 2o of 1953, Section 2.

[29] These words were substituted for the words "pre-Reorganisation State of Bombay excluding the transferred territories" by Bombay 34 of 1959, Section 9.

[30] These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[31] This marginal note was substituted for the original by Bombay 34 of 1959 Section10(2).

[32] These words were substituted for the words "Principal of any PoliceTraining School" by Guj. 16 of 1978, Section 3.

[33] This word was substituted for the words "the Central Police Training School, Nasik or any other" by the Gujarat Adaptation of Laws (State and Concurrent Subject) Order, 1860.

[34] The words "in Greater Bombay or" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[35] These words and figures were substituted for the words and figures "under section 13 or 33" by Bombay 57 of 1954, Section 3.

[36] This marginal note was substituted for the original, Bombay 56 of 1959.

[37] These words were substituted for the words "for Greater Bombay" by Bombay 56 of 1959, Section 3 Schedule.

[38] These words and figures were substituted for the words and figures "under section 13 or 33" by Bombay 1 of 1956, Section 2.

[39] These words were substituted for the words "for Greater Bombay" by Bombay 56 of 1959, Section 3, Schedule.

[40] These words were substituted for the words "within the Greater Bombay," Bombay 56 of 1959.

[41] Section 12-A was inserted by Bombay 28 of 1954, Section 2.

[42] The words "of and" were deleted by Bombay 20 of 1953, Section 3.

[43] These words were substituted for the words "below the grade of Inspector" by Bombay28 of 1954, Section 3.

[44] The words "and shall the subject to the lawful orders of the Revenue Commissioner" were deleted by Guj. 15 of 1964, Section 4 Schedule.

[45] These words were substituted for the words, "of the grade of the Inspector or of a higher grade byBombay 28 of 1954, Section 4.

[46] These words were substituted for the words "pre-Reorganisation State of Bombay excluding the transferred territories" by Bombay 34 of 1959, Section 11.

[47] These words were substituted for the words "pre-Reorganisation State of Bombay excluding the transferred territories" by Bombay 34 of 1959, Section 11.

[48] The words "not lower in rank than that of second class", were deleted by Bombay 21 of 1954 Section 3, second Schedue.

[49] This section was inserted by Bombay 34 of 1959, Section 12.

[50] The words "Greater Bombay and other" wore deleted by the Gujarat Adaptation of Laws (State and Concurrent Subject) Order, 1960.

[51] The words "and the Revenue Commissioner" were deleted by Gujarat 15 of 1964, Section 4. Schedule.

[52] These words were inserted by Bombay 28 of 1954, Section 5(1).

[53] These words were inserted, Bombay 28 of 1954, Section 5(2) (i).

[54] These words were inserted Bombay 28 of 1954, Section 5 (2) (ii).

[55] These words were substituted for the words "the Central Police Training School, Nasik" by Bombay 34 of 1959, Section 13(i) (a).

[56] These Words were substituted for the words "a Police Training School" by Gujarat 16 of 1978, Section 4(i).

[57] These words were inserted by Bombay 6 of 1955, Section 2(1).

[58] These were words substituted for the words "the said School" by Bombay 34 of 1959 13 (i)(b).

[59] These words were substituted for the words "School" by Gujarat 16 of 1978, Section 4 (ii).

[60] These words were substituted for the words "the Nasik District" by Bombay 34 of 1959, Section 13 (i) (c).

[61] These words were substituted for the words "School" by Gujarat 16 of 1978, Section 4 (ii).

[62] These were words substituted for the words "the said School" by Bombay 34 of 1959 13 (i)(b).

[63] These words were substituted for the words "School" by Gujarat 16 of 1978, Section 4 (ii).

[64] These words were deleted by Bombay 20 of 1953, Section 4 (2) and again inserted by Bombay 28 of 1954, Section 5(3).

[65] These words were inserted by Bombay 6 of 1955, Section 2 (2).

[66] These were words substituted for the words "the said School" by Bombay 34 of 1959 13 (i)(b).

[67] These words were substituted for the words "School" by Gujarat 16 of 1978, Section 4 (ii).

[68] Clause (bb) was inserted by Bombay 20 of 1953, Section 4(3).

[69] These words, figures and letter were inserted by Bombay 34 of 1959, Section 13 (2).

[70] These words were substituted for the Words "no such order" by Bombay 57 of 1954, Section 4.

[71] These words were added by Gujarat 16 of 1978, Section 5.

[72] Section 27A was inserted, Guj. 16 of 1978, Section 6.

[73] The words "the Revenue Commissioner and" were deleted by Guj. 15 of 1964, Section 4, Schedule.

[74] Sub-section (1) was substituted for the original by Bombay 20 of 1953, Section 5.

[75] These words were inserted by Bombay 28 of 1954, Section 6.

[76] These words were substituted for the words "the Central Police Training School, Nasik" by Bombay 34 of 1959, Section 14 (1).

[77] These words were substituted for the words "@ Police Training School" by Guj. 16 of 1978, Section 7(a).

[78] These words were substituted for the words "the Central Police Training School, Nasik" by Bombay 34 of 1959, Section 14(2).

[79] These words were substituted for the words "the Police Training School" by Guj. 16 of 1978, Section 7 (b).

[80] These words were substituted for the words "the Central Police Training School, Nasik" by Bombay 34 of 1959, Section 15.

[81] These words were substituted for the words "the Police Training School" by Guj. 16 of 1978 Section 8(a).

[82] These words were substituted for the words "the Police Training School", Guj. 16 of 1978, Section 8(b).

[83] These words were substituted for the words "the Police Training School", Guj. 16 of 1978, Section 8(b).

[84] This section was substituted for the original by Bombay 34 of 1959, Section 16.

[85] This portion was substituted for the words beginning with the words "The Commissioner and the District Magistrate" and ending with the words "with this Act for" by Guj. 16 of 1978, Section 9(a).

[86] Clause (aa) was inserted by Guj. 30 of 1962, Section 2 (1).

[87] Clause (da) was inserted by Bom. 20 of 1953, Section 6(1).

[88] These words were substituted for the words "upon a vessel" by Guj. 4 of 1964, Section 2.

[89] This proviso was added, Guj. 4 of 1964.

[90] Clause (db) was inserted by Bom. 37 of 1959, Section 2.

[91] These words were substituted for the words "any public place or "by Bom. 28 of 1954, Section 7.

[92] Clause (wa) was inserted by Bom. 20 of 1953, Section 6(2).

[93] This portion was deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[94] These words were substituted for the words "relating to the Abkari revenue" by Bombay 34 of 1959, Section 17(1).

[95] Sub section (1AA) was inserted by Gujarat 16 of 1978, Section 9 (b).

[96] This sub-section was inserted by Bombay 34 of 1959. Section 17(2)

[97] These words were substituted for the words "area of the pre-Reorganisation State of Bombay excluding the transferred territories" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[98] These brackets and letters were substituted for the brackets and letters "(a), (b)" by Guj. 30 of 1962, Section 2 (2).

[99] These words were substituted for the words "any area outside Greater Bombay" by Bom. 56 of 1959, Section 3, Schedule.

[100] These words Were substituted for the words beginning with the words "reported to" and ending with the words "in this behalf" by Bom. 8 of 1958, Section 3, Schedule.

[101] These words were substituted for the words "the Revenue Commissioner" by Guj. 16 of 1964 Section 4, Schedule.

[102] These words were substituted for the words "the Commissioner or the District Magistrate" by Guj. 16 of 1978, Section 9(c).

[103] Clause (ea) was inserted by Bombay 28 of 1954, section 8.

[104] Clause (cc) was inserted by Guj. 26 of 1972, Section 2 (1).

[105] These words were substituted for the words "corrosive substance or explosive or missie" Guj. 26 of 1972.

[106] These words were substituted for the words "corrosive substance or explosive or missie" Guj. 26 of 1972.

[107] . These words were substituted for the words "corrosive substance, explosive or missible" Guj. 26 of 1972.

[108] These words were substituted for the words, "producing sound" by Bom. 28 of 1954 Section 9.

[109] These words were substituted for the words "Chief Presidency Magistrate or the District Magistrate, as the case may be", by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[110] The words "or the Chief Presidency Magistrate" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[111] The words "the Chief Presidency Magistrate, in Greater Bombay, and" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[112] The words "in the district", were deleted, the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[113] The Words "the Chief Presidency Magistrate or" were deleted, the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[114] The words "the Chief Presidency, Magistrate, in Greater Bombay, and" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[115] The words "in Districts" were deleted, the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[116] These words were inserted by Bom. 8 of 1958, Section 3, Schedule.

[117] These words were substituted for the words "Revenue Commissioner" by Gujarat 15 of, 1964, Section 4, schedule.

[118] These words were substituted for the words "The Chief Presidency Magistrate or the District Magistrate as the case may be" by the Gujarat Adaptation of Laws (State and Concurrent; Subjects) Order, 1960.

[119] The Words "the Chief Presidency Magistrate or" were deleted, the Gujarat Adaptation of Laws (State and Concurrent; Subjects) Order, 1960.

[120] These words were substituted for the words "The Chief Presidency Magistrate or the District Magistrate as the case may be" by the Gujarat Adaptation of Laws (State and Concurrent; Subjects) Order, 1960.

[121] These words were substituted for the words "The Chief Presidency Magistrate or the District Magistrate as the case may be" by the Gujarat Adaptation of Laws (State and Concurrent; Subjects) Order, 1960.

[122] These words were substituted for the words "The Chief Presidency Magistrate or the District Magistrate as the case may be" by the Gujarat Adaptation of Laws (State and Concurrent; Subjects) Order, 1960.

[123] These words were substituted for the words "The Chief Presidency Magistrate or the District Magistrate as the case may be" by the Gujarat Adaptation of Laws (State and Concurrent; Subjects) Order, 1960.

[124] These words were substituted for the words "The Chief Presidency Magistrate or the District Magistrate as the case may be" by the Gujarat Adaptation of Laws (State and Concurrent; Subjects) Order, 1960.

[125] These words were substituted for the words "The Chief Presidency Magistrate or the District Magistrate as the case may be" by the Gujarat Adaptation of Laws (State and Concurrent; Subjects) Order, 1960.

[126] The words "Chief Presidency Magistrate or" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[127] These Words were substituted for that words "the Chief Presidency Magistrate or the District Magistrate, as the case may be," by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[128] These words were inserted by Bom. 8 of 1958, Section 3, Schedule.

[129] These words were substituted for the Words "Revenue Commissioner" by Guj. 15 1964, Section 4 Schedule.

[130] These Words were substituted for that words "the Chief Presidency Magistrate or the District Magistrate, as the case may be," by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[131] These Words were substituted for that words "the Chief Presidency Magistrate or the District Magistrate, as the case may be," by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[132] The words "The Chief Presidency Magistrate or", were omitted, the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960

[133] These words were inserted by Bom. 34 of 1959, Section 18.

[134] These words were substituted for the words "State of Gujarat" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[135] Sub-section (3) was deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[136] The words "Greater Bombay and in other" were deleted, Bom. 1 of 1956.

[137] These words were inserted by Bom. 1 of 1956, Section 3 (1).

[138] These words were inserted, Bom. 1 of 1956, Section 3 (2).

[139] The words "Greater Bombay and other" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[140] The word "specially" was deleted by Guj. 16 of 1978, Section 11.

[141] These words were inserted by Bom. I of 1956, Section 4(1).

[142] These words were inserted, Bom. I of 1956, Section 4 (2).

[143] Clauses (b) and (c) were substituted for the original by Bom. 34 of 1959, Section 19.

[144] The portion beginning with the words and figures "or under section 65 or 68, of that Act" and ending with the figures "1938" was deleted by Bom. 22 of 1960, Section 98.

[145] These words and figures were substituted for the words "aforesaid Prohibition Acts by Bom. 22 of 1960.

[146] These words shall stand unmodified, vide the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[147] These words "specially" was deleted by Gujarat 16 of 1978, Section 12.

[148] These words were inserted by Bombay 1 of 1956, Section 5(1).

[149] These words were inserted by Bombay 1 of 1956, Section 5(2).

[150] These words were inserted, Bom. 1 of 1956, Section 6.

[151] This section was renumbered as sub-section (1) of that section by Bom. 34 of 1959, Section 20.

[152] Sub-sections (2), (3) and (4) were added, Bom. 34 of 1959.

[153] This section was renumbered as sub-section (1) of that section by Bom. 37 of 1959, Section 3.

[154] These words, brackets and figures were inserted, Bom. 37 of 1959.

[155] This sub-section was added by Bom. 37 of 1959, Section 3 (2).

[156] These words were inserted by Bom. 34 of 1959, Section 21(1)(a).

[157] The word "specially" was deleted by Guj. 16 of 1978, Section 13.

[158] These words were inserted by Bom. 1 of 1956, Section 7.

[159] These words were inserted by Bom. 34 of 1959, Section 21(1)(b).

[160] These words were inserted by Bom. 1 of 1956, Section 7.

[161] These words were inserted, Bom. 34 of 1959, Section 21 (2).

[162] These words were inserted by Bom. 1 of 1956, Section 7.

[163] This section was inserted by Bombay 1 of 1956, Section 8.

[164] Sub-sections (1) and (1A) were substituted for sub-section (1) by Gujarat 8 of 1980, Section 2.

[165] This heading and section 63A were inserted by Bom. 20 of 1953, Section 7.

[166] These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws, (State and Concurrent Subjects) Order, 1960.

[167]This heading and section 63B were inserted by Bom. 1 of 1968, Section 9.

[168] This clause was substituted for the original clause (a) by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[169] Sub-section (12) was inserted by Bom. 34 of 1969, Section 23.

[170] These figures, word and letters were substituted for the Word and figure "cr. 57" by Bom. 1 of 1956, Section 10.

[171] These figures, word and letters were substituted for the Word and figure "cr. 57" by Bom. 1 of 1956, Section 10.

[172] These figures, word and letters were substituted for the word and figures "cr. 57 "Bom. 1 of 1956 Section 11.

[173] Clause (2A) was inserted by Bom. 20 of 1953, Section 8.

[174] This portion was added by Bombay 34 of 1959, Section 24.

[175] These words were substituted for the words-State of Bombay" by the Gujarat Adaptation of Laws (State arid Concurrent Subjects) Order, 1960.

[176] The words, figures and letter "or under section 8, 3, 4, 5, or 5A of the Prevention of Cruelty animals Act" were deleted by the Gujarat Adaptation of Laws (State arid Concurrent Subjects) Order, 1960.

[177] This section was inserted by Bom. 34 of 1959, Section 25.

[178] These words were substituted for the words "pre-Reorganisation State Bombay excluding the transferred territories' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[179] These words were substituted for the words "State of Bombay" Bom. 34 of 1959

[180] These words were added, by Bom. 34 of 1959, Section 26 (2).

[181] The words, brackets and figures "sub-section (1) of" were deleted by Bom. 21 of 1954, Section 3, Second Schedule.

[182] This portion was substituted for the words and figures "hereinafter in this section and in sections 75 and 77 referred to as the said Act" by Bom. 34 of 1959, Section 26 (1).

[183] The words and figures "or under section 3 or 4 or 5 of the Prevention of Cruelty to Animals Act" wore deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[184] These words, brackets and figures were substituted for "sub-section (2) of section 6", by Bombay 21 of 1954, Section 3, Second Schedule.

[185] These words, brackets and figures were substituted for "sub-section (3)", Bom. 21 of 1954, See also Act 69 of 1960

[186] These words, brackets and figures Were substituted for "sub-section (3) of section 6," by Bom. 21 of 1954, Section 3 Second Schedule.

[187] These brackets, figures and words were substituted for "(5), (6), (7) and (8) of section 6" Bom. 21 of 1954.

[188] This section was substituted for the original, Section Bom. 21 of 1954, 3, Second Schedule.

[189] These words were substituted for the words" ln Greater Bombay" by Bom. 56 of 1959, Section 3.

[190] These words were substituted for the words "In Greater Bombay" Bombay 56 of 1959, Schedule.

[191] These words were substituted for the words "In areas outside Greater Bombay" Bom. 56 of 1959.

[192] These words and figures were inserted by Bom. 34 of 1959 Section 27.

[193] These words were substituted for the words "State of Gujarat by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[194] This portion was substituted for the portion beginning with the words "to appear before" and ending with the words " of such proclmation" by Guj. 16 of 1978, Section 14(1).

[195] These words wore substituted for the words "five rupees", Guj. 16 of 1978, Section 14 (2).

[196] This portion was substituted for the words "establishes his claim to such property within the period specified in the proclamation", Guj. 16 of 1978, Section 15.

[197] These words were inserted Bom. 34 of 1959, Section 28 (2).

[198] These words were inserted Bom. 34 of 1959, Section 28 (2).

[199] These words were substituted for the Words "In any area outside Greater Bombay" by Bom. 56 of 1959, Section 3, Schedule.

[200] The portion beginning with the Words "or that Act" and ending with the words "Cattle Trespass Act" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order 1960.

[201] These words Were substituted for the words "the relevant Act", Bom. 56 of 1959.

[202] These words were substituted for the words "In Greater Bombay" by Bom. 56 of 1959, Section 3 Schedule.

[203] The words and figures "and in other areas to which the State Govcrnment may by notification in the Official Gazette extend the provisions of this section and sections 91, 92,93 and 94 of this Act, any officer appointed in that behalf, by the State Government" were deleted by Bom. 20 of 1953, Section 9.

[204] The words "or such officer as aforesaid" were deleted, Bom. 20 of 1953.

[205] Section 90A was inserted, Bombay 56 of 1959, Section 10.

[206] These words were substituted for the words "Greater Bombay" by Bom. 56 of 1959, Section 3 Schedule.

[207] There words were substituted for the words "Greater Bombay" by Bom. 56 of 1959, 3, Schedule.

[208] The words "or in such areas as aforesaid" were deleted by Bom. 20 of 1953, Section 11.

[209] The words and figures "or any other officer appointed under section 90" were deleted, by Bom. 20 of 1953, Section 12.

[210] The words and figures "or any other officer appointed under section 90" were deleted, by Bom. 20 of 1953, Section 12.

[211] These words were substituted for the words "Greater Bombay" by Bom. 56 of 1959, Section 3 Schedule.

[212] These words were inserted, Bom. 56 of 1959

[213] This word was substituted for the word "houses" by Bom. 21 of 1954, Section 3, Second schedule.

[214] This ward and clause were inserted by Bom. 1 of 1956, section 12.

[215] These word were substituted for the words "fifty rupees" Bom. 20 of 1953, Section 13.

[216] This portion was substituted for the words beginning with the words "he punished" and ending with the word "or with both" by Bom. 20 of 1953, Section 14 (1).

[217] Sub-sections (1A), (1B) and (1C) were inserted, Bom. 20 of 1953, Section 14 (2).

[218] The portion, beginning with the words "or of that Act" and ending with the words" as the case may be" was deleted by the Gujarat Adaptation of laws (state and concurrent Subjects) order, 1960.

[219] These words were substituted for the words" outside Greater Bombay" by Bom. 56 of 1959, Section 3, Schedule.

[220] The words" into the barracks or buildings occupied by the troops composing the Garrison of Bombay" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[221] Section 130A was inserted by Bom. 20 of 1953, Section 15.

[222] This portion was substituted for the original by Bom. 21 of 1954, Section 3, Second Schedule.

[223] These words were substituted for the word "whoever" by Bom. 28 of 1954, Section 10.

[224] Section 131AA was Inserted by Bom. 1 of 1956, Section 14.

[225] Section 131A was inserted by Bom. 28 of 1954, Section 11.

[226] These figures, word and letters were substituted for the word and figures "or 57" by Bom. 1 of 1956, Section 15.

[227] These figures, word and letters were substituted for the word and figures "or 57" by Bom. 1 of 1956, Section 15.

[228] This section was substituted for the original by Bom. 37 of 1959, Section 4.

[229] Section 143A was inserted by Bom. 20 of 1953, Section 16.

[230] Section 143B was inserted by Bom. 35 of 1959, Section 31.

[231] This section was inserted by Bom. 6 of 1955, Section 3.

[232] These words were substituted for the words "in the State" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

[233] These words were substituted for the words" State of Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[234] The words "a Presidency Magistrate or" were deleted Bom. 6 of 1955.

[235] This section was inserted by Bom. 1 of 1956, Section 17.

[236] This portion was substituted for the portion beginning with the words "in any area" and ending with the words "their duties" by Bom. 34 of 1959, Section 33.

[237] These words were substituted for the words "in any area of the pre Reorganisation State of Bombay, excluding the transferred territories and Greater Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[238] These word were substituted for the words "State of Bombay", by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[239] These figures, words and letters were substituted for the word and figures "or 57" by Bom. 1 of 1956, Section 18.

[240] These figures, words and letters were substituted for the word and figures "or 57" by Bom. 1 of 1956, Section 18.

[241] Section 157A was inserted by Bom. 57 of 1954, Section 5.

[242] These words were substituted for the words "No Revenue Commissioner, Magistrate" by Guj. 15 of 1964, Section 4 Schedule.

[243] These words were substituted for these words "six months" by Guj. 16 of 1978, Section 17.

[244] These words and figures were substituted for the words "specified in Schedule I" by Bom. 34 of 1959, Section 34 (1).

[245] Sub-section (2A) was inserted by Bom. 34 of 1959, Section 34 (2).

[246] Sub-section (3) shall stand unmodified vide the Gujarat Adaptation of Laws ( State and Concurrent Subjects) Order, 1960.

[247] Sub-section (3) shall stand unmodified vide the Gujarat Adaptation of Laws ( State and Concurrent Subjects) Order, 1960.

[248] This marginal note was substituted for original by Bom. 34 of 1959 Section 35 (2).

[249] These words and figures were inserted by Bom. 34 of 1959 Section 35 (1).

[250] These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subrder, Oject). 1960.

[251] These words, brackets, figures and letter were substituted for the word brackets and figure "sub-section (1)" by Bom. 34 of 1959, Section 36 (1).

[252] The sub-heading "Part-I" was inserted 'by Bom. 34 of 1959, Section 36 (2).

[253] The sub-heading and entries were added by Bom. 34 of 1959, Section 36 (3).

[254] These words were substituted for the words "State of Bombay" by the Gujarat A adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[255] The words "Inspectors and" were deleted by Bom. 20 of 1953, Section 17 and inserted again by Bombay 8 of 1954, Section 12.

[256] These words were substituted for the words "Greater Bombay" by Bom. 66 of 1959. Section 3, Schedule.

[257] This Schedule was added by Bombay 34 of 1959, Section 37.

[258] This Schedule was added by Bombay 34 of 1959, Section 37.

[259] This Schedule was added by Bombay 34 of 1959, Section 37.

[260] This Schedule was added by Bombay 34 of 1959, Section 37.